[115th Congress Public Law 10]
[From the U.S. Government Publishing Office]
[[Page 17]]
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION TRANSITION AUTHORIZATION
ACT OF 2017
[[Page 131 STAT. 18]]
Public Law 115-10
115th Congress
An Act
To authorize the programs of the National Aeronautics and Space
Administration, and for other purposes. <<NOTE: Mar. 21, 2017 - [S.
442]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: National
Aeronautics and Space Administration Transition Authorization Act of
2017. 51 USC 10101 note.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National
Aeronautics and Space Administration Transition Authorization Act of
2017''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Fiscal year 2017.
TITLE II--SUSTAINING NATIONAL SPACE COMMITMENTS
Sec. 201. Sense of Congress on sustaining national space commitments.
Sec. 202. Findings.
TITLE III--MAXIMIZING UTILIZATION OF THE ISS AND LOW-EARTH ORBIT
Sec. 301. Operation of the ISS.
Sec. 302. Transportation to ISS.
Sec. 303. ISS transition plan.
Sec. 304. Space communications.
Sec. 305. Indemnification; NASA launch services and reentry services.
TITLE IV--ADVANCING HUMAN DEEP SPACE EXPLORATION
Subtitle A--Human Space Flight and Exploration Goals and Objectives
Sec. 411. Human space flight and exploration long-term goals.
Sec. 412. Key objectives.
Sec. 413. Vision for space exploration.
Sec. 414. Stepping stone approach to exploration.
Sec. 415. Update of exploration plan and programs.
Sec. 416. Repeals.
Sec. 417. Assured access to space.
Subtitle B--Assuring Core Capabilities for Exploration
Sec. 421. Space Launch System, Orion, and Exploration Ground Systems.
Subtitle C--Journey to Mars
Sec. 431. Findings on human space exploration.
Sec. 432. Human exploration roadmap.
Sec. 433. Advanced space suit capability.
Sec. 434. Asteroid robotic redirect mission.
Sec. 435. Mars 2033 report.
Subtitle D--TREAT Astronauts Act
Sec. 441. Short title.
[[Page 131 STAT. 19]]
Sec. 442. Findings; sense of Congress.
Sec. 443. Medical monitoring and research relating to human space
flight.
TITLE V--ADVANCING SPACE SCIENCE
Sec. 501. Maintaining a balanced space science portfolio.
Sec. 502. Planetary science.
Sec. 503. James Webb Space Telescope.
Sec. 504. Wide-Field Infrared Survey Telescope.
Sec. 505. Mars 2020 rover.
Sec. 506. Europa.
Sec. 507. Congressional declaration of policy and purpose.
Sec. 508. Extrasolar planet exploration strategy.
Sec. 509. Astrobiology strategy.
Sec. 510. Astrobiology public-private partnerships.
Sec. 511. Near-Earth objects.
Sec. 512. Near-Earth objects public-private partnerships.
Sec. 513. Assessment of science mission extensions.
Sec. 514. Stratospheric observatory for infrared astronomy.
Sec. 515. Radioisotope power systems.
Sec. 516. Assessment of Mars architecture.
Sec. 517. Collaboration.
TITLE VI--AERONAUTICS
Sec. 601. Sense of Congress on aeronautics.
Sec. 602. Transformative aeronautics research.
Sec. 603. Hypersonic research.
Sec. 604. Supersonic research.
Sec. 605. Rotorcraft research.
TITLE VII--SPACE TECHNOLOGY
Sec. 701. Space technology infusion.
Sec. 702. Space technology program.
TITLE VIII--MAXIMIZING EFFICIENCY
Subtitle A--Agency Information Technology and Cybersecurity
Sec. 811. Information technology governance.
Sec. 812. Information technology strategic plan.
Sec. 813. Cybersecurity.
Sec. 814. Security management of foreign national access.
Sec. 815. Cybersecurity of web applications.
Subtitle B--Collaboration Among Mission Directorates and Other Matters
Sec. 821. Collaboration among mission directorates.
Sec. 822. NASA launch capabilities collaboration.
Sec. 823. Detection and avoidance of counterfeit parts.
Sec. 824. Education and outreach.
Sec. 825. Leveraging commercial satellite servicing capabilities across
mission directorates.
Sec. 826. Flight opportunities.
Sec. 827. Sense of Congress on small class launch missions.
Sec. 828. Baseline and cost controls.
Sec. 829. Commercial technology transfer program.
Sec. 830. Avoiding organizational conflicts of interest in major
administration acquisition programs.
Sec. 831. Protection of Apollo landing sites.
Sec. 832. NASA lease of non-excess property.
Sec. 833. Termination liability.
Sec. 834. Independent reviews.
Sec. 835. NASA Advisory Council.
Sec. 836. Cost estimation.
Sec. 837. Facilities and infrastructure.
Sec. 838. Human space flight accident investigations.
Sec. 839. Orbital debris.
Sec. 840. Review of orbital debris removal concepts.
Sec. 841. Space Act Agreements.
SEC. 2. <<NOTE: 51 USC 10101 note.>> DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
National Aeronautics and Space Administration.
[[Page 131 STAT. 20]]
(2) Administrator.--The term ``Administrator'' means the
Administrator of the National Aeronautics and Space
Administration.
(3) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Science, Space, and Technology
of the House of Representatives.
(4) Cis-lunar space.--The term ``cis-lunar space'' means the
region of space from the Earth out to and including the region
around the surface of the Moon.
(5) Deep space.--The term ``deep space'' means the region of
space beyond low-Earth orbit, to include cis-lunar space.
(6) Government astronaut.--The term ``government astronaut''
has the meaning given the term in section 50902 of title 51,
United States Code.
(7) ISS.--The term ``ISS'' means the International Space
Station.
(8) ISS management entity.--The term ``ISS management
entity'' means the organization with which the Administrator has
a cooperative agreement under section 504(a) of the National
Aeronautics and Space Administration Authorization Act of 2010
(42 U.S.C. 18354(a)).
(9) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(10) Orion.--The term ``Orion'' means the multipurpose crew
vehicle described under section 303 of the National Aeronautics
and Space Administration Authorization Act of 2010 (42 U.S.C.
18323).
(11) Space launch system.--The term ``Space Launch System''
has the meaning given the term in section 3 of the National
Aeronautics and Space Administration Authorization Act of 2010
(42 U.S.C. 18302).
(12) United states government astronaut.--The term ``United
States government astronaut'' has the meaning given the term
``government astronaut'' in section 50902 of title 51, United
States Code, except it does not include an individual who is an
international partner astronaut.
TITLE I--AUTHORIZATION OF APPROPRIATIONS
SEC. 101. FISCAL YEAR 2017.
There are authorized to be appropriated to NASA for fiscal year
2017, $19,508,000,000, as follows:
(1) For Exploration, $4,330,000,000.
(2) For Space Operations, $5,023,000,000.
(3) For Science, $5,500,000,000.
(4) For Aeronautics, $640,000,000.
(5) For Space Technology, $686,000,000.
(6) For Education, $115,000,000.
(7) For Safety, Security, and Mission Services,
$2,788,600,000.
(8) For Construction and Environmental Compliance and
Restoration, $388,000,000.
[[Page 131 STAT. 21]]
(9) For Inspector General, $37,400,000.
TITLE II--SUSTAINING NATIONAL SPACE COMMITMENTS
SEC. 201. SENSE OF CONGRESS ON SUSTAINING NATIONAL SPACE
COMMITMENTS.
It is the sense of Congress that--
(1) honoring current national space commitments and building
upon investments in space across successive Administrations
demonstrates clear continuity of purpose by the United States,
in collaboration with its international, academic, and industry
partners, to extend humanity's reach into deep space, including
cis-lunar space, the Moon, the surface and moons of Mars, and
beyond;
(2) NASA leaders can best leverage investments in the United
States space program by continuing to develop a balanced
portfolio for space exploration and space science, including
continued development of the Space Launch System, Orion,
Commercial Crew Program, space and planetary science missions
such as the James Webb Space Telescope, Wide-Field Infrared
Survey Telescope, and Europa mission, and ongoing operations of
the ISS and Commercial Resupply Services Program;
(3) a national, government-led space program that builds on
current science and exploration programs, advances human
knowledge and capabilities, and opens the frontier beyond Earth
for ourselves, commercial enterprise, and science, and with our
international partners, is of critical importance to our
national destiny and to a future guided by United States values
and freedoms;
(4) continuity of purpose and effective execution of core
NASA programs are essential for efficient use of resources in
pursuit of timely and tangible accomplishments;
(5) NASA could improve its efficiency and effectiveness by
working with industry to streamline existing programs and
requirements, procurement practices, institutional footprint,
and bureaucracy while preserving effective program oversight,
accountability, and safety;
(6) it is imperative that the United States maintain and
enhance its leadership in space exploration and space science,
and continue to expand freedom and economic opportunities in
space for all Americans that are consistent with the
Constitution of the United States; and
(7) NASA should be a multi-mission space agency, and should
have a balanced and robust set of core missions in space
science, space technology, aeronautics, human space flight and
exploration, and education.
SEC. 202. FINDINGS.
Congress makes the following findings:
(1) Returns on the Nation's investments in science,
technology, and exploration accrue over decades-long timeframes,
and a disruption of such investments could prevent returns from
being fully realized.
[[Page 131 STAT. 22]]
(2) Past challenges to the continuity of such investments,
particularly threats regarding the cancellation of authorized
programs with bipartisan and bicameral support, have disrupted
completion of major space systems thereby--
(A) impeding planning and pursuit of national
objectives in space science and human space exploration;
(B) placing such investments in space science and
space exploration at risk; and
(C) degrading the aerospace industrial base.
(3) The National Aeronautics and Space Administration
Authorization Act of 2005 (Public Law 109-155; 119 Stat. 2895),
National Aeronautics and Space Administration Authorization Act
of 2008 (Public Law 110-422; 122 Stat. 4779), and National
Aeronautics and Space Administration Authorization Act of 2010
(42 U.S.C. 18301 et seq.) reflect a broad, bipartisan agreement
on the path forward for NASA's core missions in science, space
technology, aeronautics, human space flight and exploration, and
education, that serves as the foundation for the policy updates
by this Act.
(4) Sufficient investment and maximum utilization of the ISS
and ISS National Laboratory with our international and industry
partners is--
(A) consistent with the goals and objectives of the
United States space program; and
(B) imperative to continuing United States global
leadership in human space exploration, science,
research, technology development, and education
opportunities that contribute to development of the next
generation of American scientists, engineers, and
leaders, and to creating the opportunity for economic
development of low-Earth orbit.
(5) NASA has made measurable progress in the development and
testing of the Space Launch System and Orion exploration systems
with the near-term objectives of the initial integrated test
flight and launch in 2018, a human mission in 2021, and
continued missions with an annual cadence in cis-lunar space and
eventually to the surface of Mars.
(6) The Commercial Crew Program has made measurable progress
toward reestablishing the capability to launch United States
government astronauts from United States soil into low-Earth
orbit by the end of 2018.
(7) The Aerospace Safety Advisory Panel, in its 2015 Annual
Report, urged continuity of purpose noting concerns over the
potential for cost overruns and schedule slips that could
accompany significant changes to core NASA programs.
TITLE III--MAXIMIZING UTILIZATION OF THE ISS AND LOW-EARTH ORBIT
SEC. 301. <<NOTE: 51 USC 50111 note.>> OPERATION OF THE ISS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) after 15 years of continuous human presence in low-Earth
orbit, the ISS continues to overcome challenges and operate
safely;
(2) the ISS is a unique testbed for future space exploration
systems development, including long-duration space travel;
[[Page 131 STAT. 23]]
(3) the expansion of partnerships, scientific research, and
commercial applications of the ISS is essential to ensuring the
greatest return on investments made by the United States and its
international space partners in the development, assembly, and
operations of that unique facility;
(4) utilization of the ISS will sustain United States
leadership and progress in human space exploration by--
(A) facilitating the commercialization and economic
development of low-Earth orbit;
(B) serving as a testbed for technologies and a
platform for scientific research and development; and
(C) serving as an orbital facility enabling research
upon--
(i) the health, well-being, and performance of
humans in space; and
(ii) the development of in-space systems
enabling human space exploration beyond low-Earth
orbit; and
(5) the ISS provides a platform for fundamental,
microgravity, discovery-based space life and physical sciences
research that is critical for enabling space exploration,
protecting humans in space, increasing pathways for commercial
space development that depend on advances in basic research, and
contributes to advancing science, technology, engineering, and
mathematics research.
(b) Objectives.--The primary objectives of the ISS program shall
be--
(1) to achieve the long term goal and objectives under
section 202 of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18312); and
(2) to pursue a research program that advances knowledge and
provides other benefits to the Nation.
(c) Continuation of the ISS.--Section 501 of the National
Aeronautics and Space Administration Authorization Act of 2010 (42
U.S.C. 18351) is amended to read as follows:
``SEC. 501. CONTINUATION OF THE INTERNATIONAL SPACE STATION.
``(a) Policy of the United States.--It shall be the policy of the
United States, in consultation with its international partners in the
ISS program, to support full and complete utilization of the ISS through
at least 2024.
``(b) NASA Action.--In furtherance of the policy set forth in
subsection (a), NASA shall--
``(1) pursue international, commercial, and
intragovernmental means to maximize ISS logistics supply,
maintenance, and operational capabilities, reduce risks to ISS
systems sustainability, and offset and minimize United States
operations costs relating to the ISS;
``(2) utilize, to the extent practicable, the ISS for the
development of capabilities and technologies needed for the
future of human space exploration beyond low-Earth orbit; and
``(3) utilize, if practical and cost effective, the ISS for
Science Mission Directorate missions in low-Earth orbit.''.
SEC. 302. <<NOTE: 51 USC 50111 note.>> TRANSPORTATION TO ISS.
(a) Findings.--Congress finds that reliance on foreign carriers for
United States crew transfer is unacceptable, and the Nation's human
space flight program must acquire the capability to launch
[[Page 131 STAT. 24]]
United States government astronauts on vehicles using United States
rockets from United States soil as soon as is safe, reliable, and
affordable to do so.
(b) Sense of Congress on Commercial Crew Program and Commercial
Resupply Services Program.--It is the sense of Congress that--
(1) once developed and certified to meet the
Administration's safety and reliability requirements, United
States commercially provided crew transportation systems can
serve as the primary means of transporting United States
government astronauts and international partner astronauts to
and from the ISS and serving as ISS crew rescue vehicles;
(2) previous budgetary assumptions used by the
Administration in its planning for the Commercial Crew Program
assumed significantly higher funding levels than were authorized
and appropriated by Congress;
(3) credibility in the Administration's budgetary estimates
for the Commercial Crew Program can be enhanced by an
independently developed cost estimate;
(4) such credibility in budgetary estimates is an important
factor in understanding program risk;
(5) United States access to low-Earth orbit is paramount to
the continued success of the ISS and ISS National Laboratory;
(6) a stable and successful Commercial Resupply Services
Program and Commercial Crew Program are critical to ensuring
timely provisioning of the ISS and to reestablishing the
capability to launch United States government astronauts from
United States soil into orbit, ending reliance upon Russian
transport of United States government astronauts to the ISS
which has not been possible since the retirement of the Space
Shuttle program in 2011;
(7) NASA should build upon the success of the Commercial
Orbital Transportation Services Program and Commercial Resupply
Services Program that have allowed private sector companies to
partner with NASA to deliver cargo and scientific experiments to
the ISS since 2012;
(8) the 21st Century Launch Complex Program has enabled
significant modernization and infrastructure improvements at
launch sites across the United States to support NASA's
Commercial Resupply Services Program and other civil and
commercial space flight missions; and
(9) the 21st Century Launch Complex Program should be
continued in a manner that leverages State and private
investments to achieve the goals of that program.
(c) Reaffirmation.--Congress reaffirms--
(1) its commitment to the use of a commercially developed,
private sector launch and delivery system to the ISS for crew
missions as expressed in the National Aeronautics and Space
Administration Authorization Act of 2005 (Public Law 109-155;
119 Stat. 2895), the National Aeronautics and Space
Administration Authorization Act of 2008 (Public Law 110-422;
122 Stat. 4779), and the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18301 et
seq.); and
(2) the requirement under section 50111(b)(1)(A) of title
51, United States Code, that the Administration shall make
[[Page 131 STAT. 25]]
use of United States commercially provided ISS crew transfer and
crew rescue services to the maximum extent practicable.
(d) Use of Non-United States Human Space Flight Transportation
Capabilities.--Section 201(a) of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18311(a)) is amended
to read as follows:
``(a) Use of Non-United States Human Space Flight Transportation
Services.--
``(1) In general.--The Federal Government may not acquire
human space flight transportation services from a foreign entity
unless--
``(A) no United States Government-operated human
space flight capability is available;
``(B) no United States commercial provider is
available; and
``(C) it is a qualified foreign entity.
``(2) Definitions.--In this subsection:
``(A) Commercial provider.--The term `commercial
provider' means any person providing human space flight
transportation services, primary control of which is
held by persons other than the Federal Government, a
State or local government, or a foreign government.
``(B) Qualified foreign entity.--The term `qualified
foreign entity' means a foreign entity that is in
compliance with all applicable safety standards and is
not prohibited from providing space transportation
services under other law.
``(C) United states commercial provider.--The term
`United States commercial provider' means a commercial
provider, organized under the laws of the United States
or of a State, that is more than 50 percent owned by
United States nationals.
``(3) Arrangements with foreign entities.--Nothing in this
subsection shall prevent the Administrator from negotiating or
entering into human space flight transportation arrangements
with foreign entities to ensure safety of flight and continued
ISS operations.''.
(e) Commercial Crew Program.--
(1) Objective.--The objective of the Commercial Crew Program
shall be to assist in the development and certification of
commercially provided transportation that--
(A) can carry United States government astronauts
safely, reliably, and affordably to and from the ISS;
(B) can serve as a crew rescue vehicle; and
(C) can accomplish subparagraphs (A) and (B) as soon
as practicable.
(2) Primary consideration.--The objective described in
paragraph (1) shall be the primary consideration in the
acquisition strategy for the Commercial Crew Program.
(3) Safety.--
(A) In general.--The Administrator shall protect the
safety of government astronauts by ensuring that each
commercially provided transportation system under this
subsection meets all applicable human rating
requirements in accordance with section 403(b)(1) of the
National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18342(b)(1)).
[[Page 131 STAT. 26]]
(B) Lessons learned.--Consistent with the findings
and recommendations of the Columbia Accident
Investigation Board, the Administration shall ensure
that safety and the minimization of the probability of
loss of crew are the critical priorities of the
Commercial Crew Program.
(4) Cost minimization.--The Administrator shall strive
through the competitive selection process to minimize the life
cycle cost to the Administration through the planned period of
commercially provided crew transportation services.
(f) Commercial Cargo Program.--Section 401 of the National
Aeronautics and Space Administration Authorization Act of 2010 (42
U.S.C. 18341) is amended by striking ``Commercial Orbital Transportation
Services'' and inserting ``Commercial Resupply Services''.
(g) <<NOTE: Contracts.>> Competition.--It is the policy of the
United States that, to foster the competitive development, operation,
improvement, and commercial availability of space transportation
services, and to minimize the life cycle cost to the Administration, the
Administrator shall procure services for Federal Government access to
and return from the ISS, whenever practicable, via fair and open
competition for well-defined, milestone-based, Federal Acquisition
Regulation-based contracts under section 201(a) of the National
Aeronautics and Space Administration Authorization Act of 2010 (42
U.S.C. 18311(a)).
(h) Transparency.--
(1) Sense of congress.--It is the sense of Congress that
cost transparency and schedule transparency aid in effective
program management and risk assessment.
(2) In general.--The Administrator shall, to the greatest
extent practicable and in a manner that does not add costs or
schedule delays to the program, ensure all Commercial Crew
Program and Commercial Resupply Services Program providers
provide evidence-based support for their costs and schedules.
(i) <<NOTE: Deadline. Reports. Contracts.>> ISS Cargo Resupply
Services Lessons Learned.--Not later than 120 days after the date of
enactment of this Act, the Administrator shall submit to the appropriate
committees of Congress a report that--
(1) identifies the lessons learned to date from previous and
existing Commercial Resupply Services contracts;
(2) indicates whether changes are needed to the manner in
which the Administration procures and manages similar services
prior to the issuance of future Commercial Resupply Services
procurement opportunities; and
(3) identifies any lessons learned from the Commercial
Resupply Services contracts that should be applied to the
procurement and management of commercially provided crew
transfer services to and from the ISS or to other future
procurements.
SEC. 303. <<NOTE: 51 USC 50111 note.>> ISS TRANSITION PLAN.
(a) Findings.--Congress finds that--
(1) NASA has been both the primary supplier and consumer of
human space flight capabilities and services of the ISS and in
low-Earth orbit; and
(2) according to the National Research Council report
``Pathways to Exploration: Rationales and Approaches for a U.S.
Program of Human Space Exploration'' extending ISS
[[Page 131 STAT. 27]]
beyond 2020 to 2024 or 2028 will have significant negative
impacts on the schedule of crewed missions to Mars, without
significant increases in funding.
(b) Sense of Congress.--It is the sense of Congress that--
(1) an orderly transition for United States human space
flight activities in low-Earth orbit from the current regime,
that relies heavily on NASA sponsorship, to a regime where NASA
is one of many customers of a low-Earth orbit commercial human
space flight enterprise may be necessary; and
(2) decisions about the long-term future of the ISS impact
the ability to conduct future deep space exploration activities,
and that such decisions regarding the ISS should be considered
in the context of the human exploration roadmap under section
432 of this Act.
(c) Reports.--Section 50111 of title 51, United States Code, is
amended by adding at the end the following:
``(c) ISS Transition Plan.--
``(1) <<NOTE: Coordination.>> In general.--The
Administrator, in coordination with the ISS management entity
(as defined in section 2 of the National Aeronautics and Space
Administration Transition Authorization Act of 2017), ISS
partners, the scientific user community, and the commercial
space sector, shall develop a plan to transition in a step-wise
approach from the current regime that relies heavily on NASA
sponsorship to a regime where NASA could be one of many
customers of a low-Earth orbit non-governmental human space
flight enterprise.
``(2) Reports.--Not later than December 1, 2017, and
biennially thereafter until 2023, the Administrator shall submit
to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science, Space, and Technology of
the House of Representatives a report that includes--
``(A) a description of the progress in achieving the
Administration's deep space human exploration objectives
on ISS and prospects for accomplishing future mission
requirements, space exploration objectives, and other
research objectives on future commercially supplied low-
Earth orbit platforms or migration of those objectives
to cis-lunar space;
``(B) the steps NASA is taking and will take,
including demonstrations that could be conducted on the
ISS, to stimulate and facilitate commercial demand and
supply of products and services in low-Earth orbit;
``(C) an identification of barriers preventing the
commercialization of low-Earth orbit, including issues
relating to policy, regulations, commercial intellectual
property, data, and confidentiality, that could inhibit
the use of the ISS as a commercial incubator;
``(D) <<NOTE: Criteria.>> the criteria for defining
the ISS as a research success;
``(E) <<NOTE: Criteria.>> the criteria used to
determine whether the ISS is meeting the objective under
section 301(b)(2) of the National Aeronautics and Space
Administration Transition Authorization Act of 2017;
``(F) <<NOTE: Assessment.>> an assessment of
whether the criteria under subparagraphs (D) and (E) are
consistent with the research areas defined in, and
recommendations and schedules under, the current
National Academies of Sciences,
[[Page 131 STAT. 28]]
Engineering, and Medicine Decadal Survey on Biological
and Physical Sciences in Space;
``(G) any necessary contributions that ISS extension
would make to enabling execution of the human
exploration roadmap under section 432 of the National
Aeronautics and Space Administration Transition
Authorization Act of 2017;
``(H) <<NOTE: Cost estimate.>> the cost estimates
for operating the ISS to achieve the criteria required
under subparagraphs (D) and (E) and the contributions
identified under subparagraph (G);
``(I) <<NOTE: Cost estimate.>> the cost estimates
for extending operations of the ISS to 2024, 2028, and
2030;
``(J) <<NOTE: Evaluation.>> an evaluation of the
feasible and preferred service life of the ISS beyond
the period described in section 503 of the National
Aeronautics and Space Administration Authorization Act
of 2010 (42 U.S.C. 18353), through at least 2028, as a
unique scientific, commercial, and space exploration-
related facility, including--
``(i) a general discussion of international
partner capabilities and prospects for extending
the partnership;
``(ii) the cost associated with extending the
service life;
``(iii) <<NOTE: Assessment.>> an assessment
on the technical limiting factors of the service
life of the ISS, including a list of critical
components and their expected service life and
availability; and
``(iv) such other information as may be
necessary to fully describe the justification for
and feasibility of extending the service life of
the ISS, including the potential scientific or
technological benefits to the Federal Government,
public, or to academic or commercial entities;
``(K) <<NOTE: Cost estimate.>> an identification of
the necessary actions and an estimate of the costs to
deorbit the ISS once it has reached the end of its
service life;
``(L) the impact on deep space exploration
capabilities, including a crewed mission to Mars in the
2030s, if the preferred service life of the ISS is
extended beyond 2024 and NASA maintains a flat budget
profile; and
``(M) <<NOTE: Evaluation. Determination.>> an
evaluation of the functions, roles, and responsibilities
for management and operation of the ISS and a
determination of--
``(i) those functions, roles, and
responsibilities the Federal Government should
retain during the lifecycle of the ISS;
``(ii) those functions, roles, and
responsibilities that could be transferred to the
commercial space sector;
``(iii) the metrics that would indicate the
commercial space sector's readiness and ability to
assume the functions, roles, and responsibilities
described in clause (ii); and
``(iv) any necessary changes to any agreements
or other documents and the law to enable the
activities described in subparagraphs (A) and (B).
``(3) Demonstrations.--If additional Government crew, power,
and transportation resources are available after meeting
[[Page 131 STAT. 29]]
the Administration's requirements for ISS activities defined in
the human exploration roadmap and related research,
demonstrations identified under paragraph (2) may--
``(A) test the capabilities needed to meet future
mission requirements, space exploration objectives, and
other research objectives described in paragraph (2)(A);
and
``(B) demonstrate or test capabilities, including
commercial modules or deep space habitats, Environmental
Control and Life Support Systems, orbital satellite
assembly, exploration space suits, a node that enables a
wide variety of activity, including multiple commercial
modules and airlocks, additional docking or berthing
ports for commercial crew and cargo, opportunities for
the commercial space sector to cost share for
transportation and other services on the ISS, other
commercial activities, or services obtained through
alternate acquisition approaches.''.
SEC. 304. SPACE COMMUNICATIONS.
(a) <<NOTE: Consultation. Time period.>> Plan.--The Administrator
shall develop a plan, in consultation with relevant Federal agencies, to
meet the Administration's projected space communication and navigation
needs for low-Earth orbit and deep space operations in the 20-year
period following the date of enactment of this Act.
(b) <<NOTE: Cost estimates.>> Contents.--The plan shall include--
(1) the lifecycle cost estimates and a 5-year funding
profile;
(2) the performance capabilities required to meet the
Administration's projected space communication and navigation
needs;
(3) the measures the Administration will take to sustain the
existing space communications and navigation architecture;
(4) an identification of the projected space communications
and navigation network and infrastructure needs;
(5) a description of the necessary upgrades to meet the
needs identified in paragraph (4), including--
(A) an estimate of the cost of the upgrades;
(B) a schedule for implementing the upgrades; and
(C) <<NOTE: Assessment.>> an assessment of whether
and how any related missions will be impacted if
resources are not secured at the level needed;
(6) the cost estimates for the maintenance of existing space
communications network capabilities necessary to meet the needs
identified in paragraph (4);
(7) <<NOTE: Criteria.>> the criteria for prioritizing
resources for the upgrades described in paragraph (5) and the
maintenance described in paragraph (6);
(8) an estimate of any reimbursement amounts the
Administration may receive from other Federal agencies;
(9) <<NOTE: Time period.>> an identification of the
projected Tracking and Data Relay Satellite System needs in the
20-year period following the date of enactment of this Act,
including in support of relevant Federal agencies, and cost and
schedule estimates to maintain and upgrade the Tracking and Data
Relay Satellite System to meet the projected needs;
(10) the measures the Administration is taking to meet space
communications needs after all Tracking and Data Relay Satellite
System third-generation communications satellites are
operational; and
[[Page 131 STAT. 30]]
(11) the measures the Administration is taking to mitigate
threats to electromagnetic spectrum use.
(c) <<NOTE: Deadline.>> Schedule.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall submit the plan
to the appropriate committees of Congress.
SEC. 305. INDEMNIFICATION; NASA LAUNCH SERVICES AND REENTRY
SERVICES.
(a) In General.--Subchapter III of chapter 201 of title 51, United
States Code, is amended by adding at the end the following:
``Sec. 20148. <<NOTE: 51 USC 20148.>> Indemnification; NASA
launch services and reentry services
``(a) <<NOTE: Regulations. Contracts.>> In General.--Under such
regulations in conformity with this section as the Administrator shall
prescribe taking into account the availability, cost, and terms of
liability insurance, any contract between the Administration and a
provider may provide that the United States will indemnify the provider
against successful claims (including reasonable expenses of litigation
or settlement) by third parties for death, bodily injury, or loss of or
damage to property resulting from launch services and reentry services
carried out under the contract that the contract defines as unusually
hazardous or nuclear in nature, but only to the extent the total amount
of successful claims related to the activities under the contract--
``(1) is more than the amount of insurance or demonstration
of financial responsibility described in subsection (c)(3); and
``(2) is not more than the amount specified in section
50915(a)(1)(B).
``(b) <<NOTE: Contracts.>> Terms of Indemnification.--A contract
made under subsection (a) that provides indemnification shall provide
for--
``(1) <<NOTE: Notice.>> notice to the United States of any
claim or suit against the provider for death, bodily injury, or
loss of or damage to property; and
``(2) control of or assistance in the defense by the United
States, at its election, of that claim or suit and approval of
any settlement.
``(c) Liability Insurance of the Provider.--
``(1) In general.--The provider under subsection (a) shall
obtain liability insurance or demonstrate financial
responsibility in amounts to compensate for the maximum probable
loss from claims by--
``(A) a third party for death, bodily injury, or
property damage or loss resulting from a launch service
or reentry service carried out under the contract; and
``(B) the United States Government for damage or
loss to Government property resulting from a launch
service or reentry service carried out under the
contract.
``(2) Maximum probable losses.--
``(A) <<NOTE: Determination. Deadline.>> In
general.--The Administrator shall determine the maximum
probable losses under subparagraphs (A) and (B) of
paragraph (1) not later than 90 days after the date that
the provider requests such a determination and submits
all information the Administrator requires.
``(B) Revisions.--The Administrator may revise a
determination under subparagraph (A) of this paragraph
if the Administrator determines the revision is
warranted based on new information.
[[Page 131 STAT. 31]]
``(3) Amount of insurance.--For the total claims related to
one launch or reentry, a provider shall not be required to
obtain insurance or demonstrate financial responsibility of more
than--
``(A)(i) $500,000,000 under paragraph (1)(A); or
``(ii) $100,000,000 under paragraph (1)(B); or
``(B) the maximum liability insurance available on
the world market at reasonable cost.
``(4) Coverage.--An insurance policy or demonstration of
financial responsibility under this subsection shall protect the
following, to the extent of their potential liability for
involvement in launch services or reentry services:
``(A) The Government.
``(B) Personnel of the Government.
``(C) Related entities of the Government.
``(D) Related entities of the provider.
``(E) Government astronauts.
``(d) No Indemnification Without Cross-waiver.--Notwithstanding
subsection (a), the Administrator may not indemnify a provider under
this section unless there is a cross-waiver between the Administration
and the provider as described in subsection (e).
``(e) Cross-Waivers.--
``(1) In general.--The Administrator, on behalf of the
United States and its departments, agencies, and
instrumentalities, shall reciprocally waive claims with a
provider under which each party to the waiver agrees to be
responsible, and agrees to ensure that its related entities are
responsible, for damage or loss to its property, or for losses
resulting from any injury or death sustained by its employees or
agents, as a result of activities arising out of the performance
of the contract.
``(2) Limitation.--The waiver made by the Government under
paragraph (1) shall apply only to the extent that the claims are
more than the amount of insurance or demonstration of financial
responsibility required under subsection (c)(1)(B).
``(f) Willful Misconduct.--Indemnification under subsection (a) may
exclude claims resulting from the willful misconduct of the provider or
its related entities.
``(g) Certification of Just and Reasonable Amount.--No payment may
be made under subsection (a) unless the Administrator or the
Administrator's designee certifies that the amount is just and
reasonable.
``(h) Payments.--
``(1) In general.--Upon the approval by the Administrator,
payments under subsection (a) may be made from funds
appropriated for such payments.
``(2) Limitation.--The Administrator shall not approve
payments under paragraph (1), except to the extent provided in
an appropriation law or to the extent additional legislative
authority is enacted providing for such payments.
``(3) Additional appropriations.--If the Administrator
requests additional appropriations to make payments under this
subsection, then the request for those appropriations shall be
made in accordance with the procedures established under section
50915.
``(i) Rules of Construction.--
[[Page 131 STAT. 32]]
``(1) In general.--The authority to indemnify under this
section shall not create any rights in third persons that would
not otherwise exist by law.
``(2) Other authority.--Nothing in this section may be
construed as prohibiting the Administrator from indemnifying a
provider or any other NASA contractor under other law, including
under Public Law 85-804 (50 U.S.C. 1431 et seq.).
``(3) Anti-deficiency act.--Notwithstanding any other
provision of this section--
``(A) all obligations under this section are subject
to the availability of funds; and
``(B) nothing in this section may be construed to
require obligation or payment of funds in violation of
sections 1341, 1342, 1349 through 1351, and 1511 through
1519 of title 31, United States Code (commonly referred
to as the `Anti-Deficiency Act').
``(j) Relationship to Other Laws.--The Administrator may not provide
indemnification under this section for an activity that requires a
license or permit under chapter 509.
``(k) Definitions.--In this section:
``(1) Government astronaut.--The term `government astronaut'
has the meaning given the term in section 50902.
``(2) Launch services.--The term `launch services' has the
meaning given the term in section 50902.
``(3) Provider.--The term `provider' means a person that
provides domestic launch services or domestic reentry services
to the Government.
``(4) Reentry services.--The term `reentry services' has the
meaning given the term in section 50902.
``(5) Related entity.--The term `related entity' means a
contractor or subcontractor.
``(6) Third party.--The term `third party' means a person
except--
``(A) the United States Government;
``(B) related entities of the Government involved in
launch services or reentry services;
``(C) a provider;
``(D) related entities of the provider involved in
launch services or reentry services; or
``(E) a government astronaut.''.
(b) Conforming Amendment.--The table of contents for subchapter III
of chapter 201 of title 51, <<NOTE: 51 USC 20101 prec.>> United States
Code, is amended by inserting after the item relating to section 20147
the following:
``20148. Indemnification; NASA launch services and reentry services.''.
[[Page 131 STAT. 33]]
TITLE IV--ADVANCING HUMAN DEEP SPACE EXPLORATION
Subtitle A--Human Space Flight and Exploration Goals and Objectives
SEC. 411. HUMAN SPACE FLIGHT AND EXPLORATION LONG-TERM GOALS.
Section 202(a) of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18312(a)) is amended to read as
follows:
``(a) Long-term Goals.--The long-term goals of the human space
flight and exploration efforts of NASA shall be--
``(1) to expand permanent human presence beyond low-Earth
orbit and to do so, where practical, in a manner involving
international, academic, and industry partners;
``(2) crewed missions and progress toward achieving the goal
in paragraph (1) to enable the potential for subsequent human
exploration and the extension of human presence throughout the
solar system; and
``(3) to enable a capability to extend human presence,
including potential human habitation on another celestial body
and a thriving space economy in the 21st Century.''.
SEC. 412. KEY OBJECTIVES.
Section 202(b) of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18312(b)) is amended--
(1) in paragraph (3), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) to achieve human exploration of Mars and beyond
through the prioritization of those technologies and
capabilities best suited for such a mission in accordance with
the stepping stone approach to exploration under section 70504
of title 51, United States Code.''.
SEC. 413. VISION FOR SPACE EXPLORATION.
Section 20302 of title 51, United States Code, is amended--
(1) in subsection (a), by inserting ``in cis-lunar space
or'' after ``sustained human presence'';
(2) by amending subsection (b) to read as follows:
``(b) Future Exploration of Mars.--The Administrator shall manage
human space flight programs, including the Space Launch System and
Orion, to enable humans to explore Mars and other destinations by
defining a series of sustainable steps and conducting mission planning,
research, and technology development on a timetable that is technically
and fiscally possible, consistent with section 70504.''; and
(3) by adding at the end the following:
``(c) Definitions.--In this section:
``(1) Orion.--The term `Orion' means the multipurpose crew
vehicle described under section 303 of the National Aeronautics
[[Page 131 STAT. 34]]
and Space Administration Authorization Act of 2010 (42 U.S.C.
18323).
``(2) Space launch system.--The term `Space Launch System'
means has the meaning given the term in section 3 of the
National Aeronautics and Space Administration Authorization Act
of 2010 (42 U.S.C. 18302).''.
SEC. 414. STEPPING STONE APPROACH TO EXPLORATION.
Section 70504 of title 51, United States Code, is amended to read as
follows:
``Sec. 70504. Stepping stone approach to exploration
``(a) In General.--The Administration--
``(1) may conduct missions to intermediate destinations in
sustainable steps in accordance with section 20302(b) of this
title, and on a timetable determined by the availability of
funding, in order to achieve the objective of human exploration
of Mars specified in section 202(b)(5) of the National
Aeronautics and Space Administration Authorization Act of 2010
(42 U.S.C. 18312(b)(5)); and
``(2) shall incorporate any such missions into the human
exploration roadmap under section 432 of the National
Aeronautics and Space Administration Transition Authorization
Act of 2017.
``(b) Cost-effectiveness.--In order to maximize the cost-
effectiveness of the long-term space exploration and utilization
activities of the United States, the Administrator shall take all
necessary steps, including engaging international, academic, and
industry partners, to ensure that activities in the Administration's
human space exploration program balance how those activities might also
help meet the requirements of future exploration and utilization
activities leading to human habitation on the surface of Mars.
``(c) Completion.--Within budgetary considerations, once an
exploration-related project enters its development phase, the
Administrator shall seek, to the maximum extent practicable, to complete
that project without undue delays.
``(d) International Participation.--In order to achieve the goal of
successfully conducting a crewed mission to the surface of Mars, the
President may invite the United States partners in the ISS program and
other nations, as appropriate, to participate in an international
initiative under the leadership of the United States.''.
SEC. 415. UPDATE OF EXPLORATION PLAN AND PROGRAMS.
Section 70502(2) of title 51, United States Code, is amended to read
as follows:
``(2) implement an exploration research and technology
development program to enable human and robotic operations
consistent with section 20302(b) of this title;''.
SEC. 416. REPEALS.
(a) Space Shuttle Capability Assurance.--Section 203 of the
National Aeronautics and Space Administration Authorization Act of 2010
(42 U.S.C. 18313) is amended--
(1) by striking subsection (b);
(2) in subsection (d), by striking ``subsection (c)'' and
inserting ``subsection (b)''; and
[[Page 131 STAT. 35]]
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
(b) Shuttle Pricing Policy for Commercial and Foreign Users.--
Chapter 703 of title 51, United States Code, and the item relating to
that chapter in the table of chapters for that title, are repealed.
(c) Shuttle Privatization.--Section 50133 of title 51, United States
Code, and the item relating to that section in the table of sections for
chapter 501 <<NOTE: 51 USC 50101 prec.>> of that title, are repealed.
SEC. 417. ASSURED ACCESS TO SPACE.
Section 70501 of title 51, United States Code, is amended--
(1) by amending subsection (a) to read as follows:
``(a) Policy Statement.--In order to ensure continuous United States
participation and leadership in the exploration and utilization of space
and as an essential instrument of national security, it is the policy of
the United States to maintain an uninterrupted capability for human
space flight and operations--
``(1) in low-Earth orbit; and
``(2) beyond low-Earth orbit once the capabilities described
in section 421(f) of the National Aeronautics and Space
Administration Transition Authorization Act of 2017 become
available.''; and
(2) in subsection (b), by striking ``Committee on Science
and Technology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate
describing the progress being made toward developing the Crew
Exploration Vehicle and the Crew Launch Vehicle'' and inserting
``Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science, Space, and Technology of
the House of Representatives describing the progress being made
toward developing the Space Launch System and Orion''.
Subtitle B--Assuring Core Capabilities for Exploration
SEC. 421. <<NOTE: 51 USC 20301 note.>> SPACE LAUNCH SYSTEM,
ORION, AND EXPLORATION GROUND SYSTEMS.
(a) Findings.--Congress makes the following findings:
(1) NASA has made steady progress in developing and testing
the Space Launch System and Orion exploration systems with the
successful Exploration Flight Test of Orion in December of 2014,
the final qualification test firing of the 5-segment Space
Launch System boosters in June 2016, and a full thrust, full
duration test firing of the RS-25 Space Launch System core stage
engine in August 2016.
(2) Through the 21st Century Launch Complex program and
Exploration Ground Systems programs, NASA has made significant
progress in transforming exploration ground systems
infrastructure to meet NASA's mission requirements for the Space
Launch System and Orion and to modernize NASA's launch complexes
to the benefit of the civil, defense, and commercial space
sectors.
(b) Space Launch System.--
[[Page 131 STAT. 36]]
(1) Sense of congress.--It is the sense of Congress that use
of the Space Launch System and Orion, with contributions from
partnerships with the private sector, academia, and the
international community, is the most practical approach to
reaching the Moon, Mars, and beyond.
(2) Reaffirmation.--Congress reaffirms the policy and
minimum capability requirements for the Space Launch System
under section 302 of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C. 18322).
(c) Sense of Congress on Space Launch System, Orion, and Exploration
Ground Systems.--It is the sense of Congress that--
(1) as the United States works to send humans on a series of
missions to Mars in the 2030s, the United States national space
program should continue to make progress on its commitment by
fully developing the Space Launch System, Orion, and related
Exploration Ground Systems;
(2) using the Space Launch System and Orion for a wide range
of contemplated missions will facilitate the national defense,
science, and exploration objectives of the United States;
(3) the United States should have continuity of purpose for
the Space Launch System and Orion in deep space exploration
missions, using them beginning with the uncrewed mission, EM-1,
planned for 2018, followed by the crewed mission, EM-2, in cis-
lunar space planned for 2021, and for subsequent missions
beginning with EM-3 extending into cis-lunar space and
eventually to Mars;
(4) the President's annual budget requests for the Space
Launch System and Orion development, test, and operational
phases should strive to accurately reflect the resource
requirements of each of those phases;
(5) the fully integrated Space Launch System, including an
upper stage needed to go beyond low-Earth orbit, will safely
enable human space exploration of the Moon, Mars, and beyond;
and
(6) the Administrator should budget for and undertake a
robust ground test and uncrewed and crewed flight test and
demonstration program for the Space Launch System and Orion in
order to promote safety and reduce programmatic risk.
(d) In General.--The Administrator shall continue the development of
the fully integrated Space Launch System, including an upper stage
needed to go beyond low-Earth orbit, in order to safely enable human
space exploration of the Moon, Mars, and beyond over the course of the
next century as required in section 302(c) of the National Aeronautics
and Space Administration Authorization Act of 2010 (42 U.S.C. 18322(c)).
(e) Report.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report addressing the
ability of Orion to meet the needs and the minimum capability
requirements described in section 303(b)(3) of the National
Aeronautics and Space Administration Authorization Act of 2010
(42 U.S.C. 18323(b)(3)).
(2) Contents.--The report shall detail--
[[Page 131 STAT. 37]]
(A) those components and systems of Orion that
ensure it is in compliance with section 303(b)(3) of
that Act (42 U.S.C. 18323(b)(3));
(B) the expected date that Orion, integrated with a
vehicle other than the Space Launch System, could be
available to transport crew and cargo to the ISS;
(C) any impacts to the deep space exploration
missions under subsection (f) of this section due to
enabling Orion to meet the minimum capability
requirements described in section 303(b)(3) of that Act
(42 U.S.C. 18323(b)(3)) and conducting the mission
described in subparagraph (B) of this paragraph; and
(D) the overall cost and schedule impacts associated
with enabling Orion to meet the minimum capability
requirements described in section 303(b)(3) of that Act
(42 U.S.C. 18323(b)(3)) and conducting the mission
described in subparagraph (B) of this paragraph.
(f) Exploration Missions.--The Administrator shall continue
development of--
(1) an uncrewed exploration mission to demonstrate the
capability of both the Space Launch System and Orion as an
integrated system by 2018;
(2) subject to applicable human rating processes and
requirements, a crewed exploration mission to demonstrate the
Space Launch System, including the Core Stage and Exploration
Upper Stages, by 2021;
(3) subsequent missions beginning with EM-3 at operational
flight rate sufficient to maintain safety and operational
readiness using the Space Launch System and Orion to extend into
cis-lunar space and eventually to Mars; and
(4) a deep space habitat as a key element in a deep space
exploration architecture along with the Space Launch System and
Orion.
(g) <<NOTE: Assessment.>> Other Uses.--The Administrator shall
assess the utility of the Space Launch System for use by the science
community and for other Federal Government launch needs, including
consideration of overall cost and schedule savings from reduced transit
times and increased science returns enabled by the unique capabilities
of the Space Launch System.
(h) Utilization Report.--
(1) <<NOTE: Consultation.>> In general.--The Administrator,
in consultation with the Secretary of Defense and the Director
of National Intelligence, shall prepare a report that addresses
the effort and budget required to enable and utilize a cargo
variant of the 130-ton Space Launch System configuration
described in section 302(c) of the National Aeronautics and
Space Administration Authorization Act of 2010 (42 U.S.C.
18322(c)).
(2) Contents.--In preparing the report, the Administrator
shall--
(A) consider the technical requirements of the
scientific and national security communities related to
a cargo variant of the Space Launch System; and
(B) <<NOTE: Assessment.>> directly assess the
utility and estimated cost savings obtained by using a
cargo variant of the Space Launch System for national
security and space science missions.
[[Page 131 STAT. 38]]
(3) Submission to congress.--Not later than 180 days after
the date of enactment of this Act, the Administrator shall
submit the report to the appropriate committees of Congress.
Subtitle C--Journey to Mars
SEC. 431. <<NOTE: 51 USC 20302 note.>> FINDINGS ON HUMAN SPACE
EXPLORATION.
Congress makes the following findings:
(1) In accordance with section 204 of the National
Aeronautics and Space Administration Authorization Act of 2010
(124 Stat. 2813), the National Academies of Sciences,
Engineering, and Medicine, through its Committee on Human
Spaceflight, conducted a review of the goals, core capabilities,
and direction of human space flight, and published the findings
and recommendations in a 2014 report entitled, ``Pathways to
Exploration: Rationales and Approaches for a U.S. Program of
Human Space Exploration''.
(2) The Committee on Human Spaceflight included leaders from
the aerospace, scientific, security, and policy communities.
(3) With input from the public, the Committee on Human
Spaceflight concluded that many practical and aspirational
rationales for human space flight together constitute a
compelling case for continued national investment and pursuit of
human space exploration toward the horizon goal of Mars.
(4) According to the Committee on Human Spaceflight, the
rationales include economic benefits, national security,
national prestige, inspiring students and other citizens,
scientific discovery, human survival, and a sense of shared
destiny.
(5) The Committee on Human Spaceflight affirmed that Mars is
the appropriate long-term goal for the human space flight
program.
(6) The Committee on Human Spaceflight recommended that NASA
define a series of sustainable steps and conduct mission
planning and technology development as needed to achieve the
long-term goal of placing humans on the surface of Mars.
(7) Expanding human presence beyond low-Earth orbit and
advancing toward human missions to Mars requires early planning
and timely decisions to be made in the near-term on the
necessary courses of action for commitments to achieve short-
term and long-term goals and objectives.
(8) In addition to the 2014 report described in paragraph
(1), there are several independently developed reports or
concepts that describe potential Mars architectures or concepts
and identify Mars as the long-term goal for human space
exploration, including NASA's ``The Global Exploration Roadmap''
of 2013, ``NASA's Journey to Mars-Pioneering Next Steps in Space
Exploration'' of 2015, NASA Jet Propulsion Laboratory's
``Minimal Architecture for Human Journeys to Mars'' of 2015, and
Explore Mars' ``The Humans to Mars Report 2016''.
SEC. 432. <<NOTE: 51 USC 20302 note.>> HUMAN EXPLORATION ROADMAP.
(a) Sense of Congress.--It is the sense of Congress that--
(1) expanding human presence beyond low-Earth orbit and
advancing toward human missions to Mars in the 2030s
[[Page 131 STAT. 39]]
requires early strategic planning and timely decisions to be
made in the near-term on the necessary courses of action for
commitments to achieve short-term and long-term goals and
objectives;
(2) for strong and sustained United States leadership, a
need exists to advance a human exploration roadmap, addressing
exploration objectives in collaboration with international,
academic, and industry partners;
(3) an approach that incrementally advances toward a long-
term goal is one in which nearer-term developments and
implementation would influence future development and
implementation; and
(4) a human exploration roadmap should begin with low-Earth
orbit, then address in greater detail progress beyond low-Earth
orbit to cis-lunar space, and then address future missions aimed
at human arrival and activities near and then on the surface of
Mars.
(b) Human Exploration Roadmap.--
(1) <<NOTE: Plan.>> In general.--The Administrator shall
develop a human exploration roadmap, including a critical
decision plan, to expand human presence beyond low-Earth orbit
to the surface of Mars and beyond, considering potential interim
destinations such as cis-lunar space and the moons of Mars.
(2) Scope.--The human exploration roadmap shall include--
(A) an integrated set of exploration, science, and
other goals and objectives of a United States human
space exploration program to achieve the long-term goal
of human missions near or on the surface of Mars in the
2030s;
(B) opportunities for international, academic, and
industry partnerships for exploration-related systems,
services, research, and technology if those
opportunities provide cost-savings, accelerate program
schedules, or otherwise benefit the goals and objectives
developed under subparagraph (A);
(C) sets and sequences of precursor missions in cis-
lunar space and other missions or activities necessary--
(i) to demonstrate the proficiency of the
capabilities and technologies identified under
subparagraph (D); and
(ii) to meet the goals and objectives
developed under subparagraph (A), including
anticipated timelines and missions for the Space
Launch System and Orion;
(D) an identification of the specific capabilities
and technologies, including the Space Launch System,
Orion, a deep space habitat, and other capabilities,
that facilitate the goals and objectives developed under
subparagraph (A);
(E) a description of how cis-lunar elements,
objectives, and activities advance the human exploration
of Mars;
(F) <<NOTE: Assessment.>> an assessment of
potential human health and other risks, including
radiation exposure;
(G) <<NOTE: Mitigation plans.>> mitigation plans,
whenever possible, to address the risks identified in
subparagraph (F);
(H) a description of those technologies already
under development across the Federal Government or by
other
[[Page 131 STAT. 40]]
entities that facilitate the goals and objectives
developed under subparagraph (A);
(I) a specific process for the evolution of the
capabilities of the fully integrated Orion with the
Space Launch System and a description of how these
systems facilitate the goals and objectives developed
under subparagraph (A) and demonstrate the capabilities
and technologies described in subparagraph (D);
(J) a description of the capabilities and
technologies that need to be demonstrated or research
data that could be gained through the utilization of the
ISS and the status of the development of such
capabilities and technologies;
(K) <<NOTE: Assessment.>> a framework for
international cooperation in the development of all
capabilities and technologies identified under this
section, including an assessment of the risks posed by
relying on international partners for capabilities and
technologies on the critical path of development;
(L) a process for partnering with nongovernmental
entities using Space Act Agreements or other acquisition
instruments for future human space exploration; and
(M) include information on the phasing of planned
intermediate destinations, Mars mission risk areas and
potential risk mitigation approaches, technology
requirements and phasing of required technology
development activities, the management strategy to be
followed, related ISS activities, planned international
collaborative activities, potential commercial
contributions, and other activities relevant to the
achievement of the goal established in this section.
(3) Considerations.--In developing the human exploration
roadmap, the Administrator shall consider--
(A) using key exploration capabilities, namely the
Space Launch System and Orion;
(B) using existing commercially available
technologies and capabilities or those technologies and
capabilities being developed by industry for commercial
purposes;
(C) establishing an organizational approach to
ensure collaboration and coordination among NASA's
Mission Directorates under section 821, when
appropriate, including to collect and return to Earth a
sample from the Martian surface;
(D) building upon the initial uncrewed mission, EM-
1, and first crewed mission, EM-2, of the Space Launch
System and Orion to establish a sustainable cadence of
missions extending human exploration missions into cis-
lunar space, including anticipated timelines and
milestones;
(E) developing the robotic and precursor missions
and activities that will demonstrate, test, and develop
key technologies and capabilities essential for
achieving human missions to Mars, including long-
duration human operations beyond low-Earth orbit, space
suits, solar electric propulsion, deep space habitats,
environmental control life support systems, Mars lander
and ascent vehicle, entry, descent, landing, ascent,
Mars surface systems, and in-situ resource utilization;
[[Page 131 STAT. 41]]
(F) demonstrating and testing 1 or more habitat
modules in cis-lunar space to prepare for Mars missions;
(G) using public-private, firm fixed-price
partnerships, where practicable;
(H) collaborating with international, academic, and
industry partners, when appropriate;
(I) any risks to human health and sensitive onboard
technologies, including radiation exposure;
(J) any risks identified through research outcomes
under the NASA Human Research Program's Behavioral
Health Element; and
(K) the recommendations and ideas of several
independently developed reports or concepts that
describe potential Mars architectures or concepts and
identify Mars as the long-term goal for human space
exploration, including the reports described under
section 431.
(4) Critical decision plan on human space exploration.--As
part of the human exploration roadmap, the Administrator shall
include a critical decision plan--
(A) <<NOTE: Deadline.>> identifying and defining
key decisions guiding human space exploration priorities
and plans that need to be made before June 30, 2020,
including decisions that may guide human space
exploration capability development, precursor missions,
long-term missions, and activities;
(B) defining decisions needed to maximize
efficiencies and resources for reaching the near,
intermediate, and long-term goals and objectives of
human space exploration; and
(C) identifying and defining timelines and
milestones for a sustainable cadence of missions
beginning with EM-3 for the Space Launch System and
Orion to extend human exploration from cis-lunar space
to the surface of Mars.
(5) Reports.--
(A) Initial human exploration roadmap.--The
Administrator shall submit to the appropriate committees
of Congress--
(i) <<NOTE: Plan.>> an initial human
exploration roadmap, including a critical decision
plan, before December 1, 2017; and
(ii) an updated human exploration roadmap
periodically as the Administrator considers
necessary but not less than biennially.
(B) <<NOTE: Time periods.>> Contents.--Each human
exploration roadmap under this paragraph shall include a
description of--
(i) the achievements and goals accomplished in
the process of developing such capabilities and
technologies during the 2-year period prior to the
submission of the human exploration roadmap; and
(ii) the expected goals and achievements in
the following 2- year period.
(C) Submission with budget.--Each human exploration
roadmap under this section shall be included in the
budget for that fiscal year transmitted to Congress
under section 1105(a) of title 31, United States Code.
[[Page 131 STAT. 42]]
SEC. 433. <<NOTE: Deadline. Plan. Evaluation.>> ADVANCED SPACE
SUIT CAPABILITY.
Not later than 90 days after the date of enactment of this Act, the
Administrator shall submit to the appropriate committees of Congress a
detailed plan for achieving an advanced space suit capability that
aligns with the crew needs for exploration enabled by the Space Launch
System and Orion, including an evaluation of the merit of delivering the
planned suit system for use on the ISS.
SEC. 434. ASTEROID ROBOTIC REDIRECT MISSION.
(a) Findings.--Congress makes the following findings:
(1) NASA initially estimated that the Asteroid Robotic
Redirect Mission would launch in December 2020 and cost no more
than $1,250,000,000, excluding launch and operations.
(2) On July 15, 2016, NASA conducted its Key Decision Point-
B review of the Asteroid Robotic Redirect Mission or approval
for Phase B in mission formulation.
(3) During the Key Decision Point-B review, NASA estimated
that costs have grown to $1,400,000,000 excluding launch and
operations for a launch in December 2021 and the agency must
evaluate whether to accept the increase or reduce the Asteroid
Robotic Redirect Mission's scope to stay within the cost cap set
by the Administrator.
(4) In April 2015, the NASA Advisory Council--
(A) issued a finding that--
(i) high-performance solar electric propulsion
will likely be an important part of an
architecture to send humans to Mars; and
(ii) maneuvering a large test mass is not
necessary to provide a valid in-space test of a
new solar electric propulsion stage;
(B) determined that a solar electric propulsion
mission will contribute more directly to the goal of
sending humans to Mars if the mission is focused
entirely on development and validation of the solar
electric propulsion stage; and
(C) determined that other possible motivations for
acquiring and maneuvering a boulder, such as asteroid
science and planetary defense, do not have value
commensurate with their probable cost.
(5) The Asteroid Robotic Redirect Mission is competing for
resources with other critical exploration development programs,
including the Space Launch System, Orion, commercial crew, and a
habitation module.
(6) In 2014, the NASA Advisory Council recommended that NASA
conduct an independent cost and technical assessment of the
Asteroid Robotic Redirect Mission.
(7) In 2015, the NASA Advisory Council recommended that NASA
preserve the following key objectives if the program needed to
be descoped:
(A) Development of high power solar electric
propulsion.
(B) Ability to maneuver in a low gravity environment
in deep space.
(8) In January 2015 and July 2015, the NASA Advisory Council
expressed its concern to NASA about the potential for growing
costs for the program and highlighted that choices would need to
be made about the program's content.
[[Page 131 STAT. 43]]
(b) Sense of Congress.--It is the sense of Congress that--
(1) the technological and scientific goals of the Asteroid
Robotic Redirect Mission have not been demonstrated to Congress
to be commensurate with the cost; and
(2) alternative missions may provide a more cost effective
and scientifically beneficial means to demonstrate the
technologies needed for a human mission to Mars that would
otherwise be demonstrated by the Asteroid Robotic Redirect
Mission.
(c) Evaluation and Report.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall--
(1) conduct an evaluation of--
(A) alternative approaches to the Asteroid Robotic
Redirect Mission for demonstrating the technologies and
capabilities needed for a human mission to Mars that
would otherwise be demonstrated by the Asteroid Robotic
Redirect Mission;
(B) the scientific and technical benefits of the
alternative approaches under subparagraph (A) to future
human space exploration compared to scientific and
technical benefits of the Asteroid Redirect Robotic
Mission;
(C) the commercial benefits of the alternative
approaches identified in subparagraph (A), including the
impact on the development of domestic solar electric
propulsion technology to bolster United States
competitiveness in the global marketplace; and
(D) a comparison of the estimated costs of the
alternative approaches identified in subparagraph (A);
and
(2) <<NOTE: Recommenda- tions.>> submit to the appropriate
committees of Congress a report on the evaluation under
paragraph (1), including any recommendations.
SEC. 435. MARS 2033 REPORT.
(a) <<NOTE: Contracts. Study.>> In General.--Not later than 120
days after the date of enactment of this Act, the Administrator shall
contract with an independent, non-governmental systems engineering and
technical assistance organization to study a Mars human space flight
mission to be launched in 2033.
(b) Contents.--The study shall include--
(1) <<NOTE: Plan.>> a technical development, test,
fielding, and operations plan using the Space Launch System,
Orion, and other systems to successfully launch such a Mars
human space flight mission by 2033;
(2) <<NOTE: Cost estimates.>> an annual budget profile,
including cost estimates, for the technical development, test,
fielding, and operations plan to carry out a Mars human space
flight mission by 2033; and
(3) a comparison of the annual budget profile to the 5-year
budget profile contained in the President's budget request for
fiscal year 2017 under section 1105 of title 31, United States
Code.
(c) <<NOTE: Recommenda- tions.>> Report.--Not later than 180 days
after the date of enactment of this Act, the Administrator shall submit
to the appropriate committees of Congress a report on the study,
including findings and recommendations regarding the Mars 2033 human
space flight mission described in subsection (a).
(d) Assessment.--Not later than 60 days after the date the report is
submitted under subsection (c), the Administrator shall
[[Page 131 STAT. 44]]
submit to the appropriate committees of Congress an assessment by the
NASA Advisory Council of whether the proposal for a Mars human space
flight mission to be launched in 2033 is in the strategic interests of
the United States in space exploration.
Subtitle <<NOTE: To Research, Evaluate, Assess, and Treat Astronauts
Act. 51 USC 10101 note.>> D--TREAT Astronauts Act
SEC. 441. SHORT TITLE.
This subtitle may be cited as the ``To Research, Evaluate, Assess,
and Treat Astronauts Act'' or the ``TREAT Astronauts Act''.
SEC. 442. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) Human space exploration can pose significant challenges
and is full of substantial risk, which has ultimately claimed
the lives of 24 NASA astronauts serving in the line of duty.
(2) As United States government astronauts participate in
long-duration and exploration space flight missions they may
experience increased health risks, such as vision impairment,
bone demineralization, and behavioral health and performance
risks, and may be exposed to galactic cosmic radiation. Exposure
to high levels of radiation and microgravity can result in acute
and long-term health consequences that can increase the risk of
cancer and tissue degeneration and have potential effects on the
musculoskeletal system, central nervous system, cardiovascular
system, immune function, and vision.
(3) <<NOTE: Scott Kelly. Mark Kelly.>> To advance the goal
of long-duration and exploration space flight missions, United
States government astronaut Scott Kelly participated in a 1-year
twins study in space while his identical twin brother, former
United States government astronaut Mark Kelly, acted as a human
control specimen on Earth, providing an understanding of the
physical, behavioral, microbiological, and molecular reaction of
the human body to an extended period of time in space.
(4) Since the Administration currently provides medical
monitoring, diagnosis, and treatment for United States
government astronauts during their active employment, given the
unknown long-term health consequences of long-duration space
exploration, the Administration has requested statutory
authority from Congress to provide medical monitoring,
diagnosis, and treatment to former United States government
astronauts for psychological and medical conditions associated
with human space flight.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should continue to seek the unknown
and lead the world in space exploration and scientific discovery
as the Administration prepares for long-duration and exploration
space flight in deep space and an eventual mission to Mars;
(2) data relating to the health of astronauts will become
increasingly valuable to improving our understanding of many
diseases humans face on Earth;
(3) the Administration should provide the type of
monitoring, diagnosis, and treatment described in subsection (a)
[[Page 131 STAT. 45]]
only for conditions the Administration considers unique to the
training or exposure to the space flight environment of United
States government astronauts and should not require any former
United States Government astronauts to participate in the
Administration's monitoring;
(4) such monitoring, diagnosis, and treatment should not
replace a former United States government astronaut's private
health insurance;
(5) expanded data acquired from such monitoring, diagnosis,
and treatment should be used to tailor treatment, inform the
requirements for new space flight medical hardware, and develop
controls in order to prevent disease occurrence in the astronaut
corps; and
(6) the 340-day space mission of Scott Kelly aboard the
ISS--
(A) was pivotal for the goal of the United States
for humans to explore deep space and Mars as the mission
generated new insight into how the human body adjusts to
weightlessness, isolation, radiation, and the stress of
long-duration space flight; and
(B) will help support the physical and mental well-
being of astronauts during longer space exploration
missions in the future.
SEC. 443. MEDICAL MONITORING AND RESEARCH RELATING TO HUMAN SPACE
FLIGHT.
(a) In General.--Subchapter III of chapter 201 of title 51, United
States Code, as amended by section 305 of this Act, is further amended
by adding at the end the following:
``Sec. 20149. <<NOTE: 51 USC 20149.>> Medical monitoring and
research relating to human space flight
``(a) In General.--Notwithstanding any other provision of law, the
Administrator may provide for--
``(1) the medical monitoring and diagnosis of a former
United States government astronaut or a former payload
specialist for conditions that the Administrator considers
potentially associated with human space flight; and
``(2) the treatment of a former United States government
astronaut or a former payload specialist for conditions that the
Administrator considers associated with human space flight,
including scientific and medical tests for psychological and
medical conditions.
``(b) Requirements.--
``(1) No cost sharing.--The medical monitoring, diagnosis,
or treatment described in subsection (a) shall be provided
without any deductible, copayment, or other cost sharing
obligation.
``(2) Access to local services.--The medical monitoring,
diagnosis, and treatment described in subsection (a) may be
provided by a local health care provider if it is unadvisable
due to the health of the applicable former United States
government astronaut or former payload specialist for that
former United States government astronaut or former payload
specialist to travel to the Lyndon B. Johnson Space Center, as
determined by the Administrator.
``(3) Secondary payment.--Payment or reimbursement for the
medical monitoring, diagnosis, or treatment described in
[[Page 131 STAT. 46]]
subsection (a) shall be secondary to any obligation of the
United States Government or any third party under any other
provision of law or contractual agreement to pay for or provide
such medical monitoring, diagnosis, or treatment. Any costs for
items and services that may be provided by the Administrator for
medical monitoring, diagnosis, or treatment under subsection (a)
that are not paid for or provided under such other provision of
law or contractual agreement, due to the application of
deductibles, copayments, coinsurance, other cost sharing, or
otherwise, are reimbursable by the Administrator on behalf of
the former United States government astronaut or former payload
specialist involved to the extent such items or services are
authorized to be provided by the Administrator for such medical
monitoring, diagnosis, or treatment under subsection (a).
``(4) Conditional payment.--The Administrator may provide
for conditional payments for or provide medical monitoring,
diagnosis, or treatment described in subsection (a) that is
obligated to be paid for or provided by the United States or any
third party under any other provision of law or contractual
agreement to pay for or provide such medical monitoring,
diagnosis, or treatment if--
``(A) payment for (or the provision of) such medical
monitoring, diagnosis, or treatment services has not
been made (or provided) or cannot reasonably be expected
to be made (or provided) promptly by the United States
or such third party, respectively; and
``(B) such payment (or such provision of services)
by the Administrator is conditioned on reimbursement by
the United States or such third party, respectively, for
such medical monitoring, diagnosis, or treatment.
``(c) Exclusions.--The Administrator may not--
``(1) provide for medical monitoring or diagnosis of a
former United States government astronaut or former payload
specialist under subsection (a) for any psychological or medical
condition that is not potentially associated with human space
flight;
``(2) provide for treatment of a former United States
government astronaut or former payload specialist under
subsection (a) for any psychological or medical condition that
is not associated with human space flight; or
``(3) require a former United States government astronaut or
former payload specialist to participate in the medical
monitoring, diagnosis, or treatment authorized under subsection
(a).
``(d) Privacy.--Consistent with applicable provisions of Federal law
relating to privacy, the Administrator shall protect the privacy of all
medical records generated under subsection (a) and accessible to the
Administration.
``(e) Regulations.--The Administrator shall promulgate such
regulations as are necessary to carry out this section.
``(f) Definition of United States Government Astronaut.--In this
section, the term `United States government astronaut' has the meaning
given the term `government astronaut' in section 50902, except it does
not include an individual who is an international partner astronaut.
[[Page 131 STAT. 47]]
``(g) Data Use and Disclosure.--The Administrator may use or
disclose data acquired in the course of medical monitoring, diagnosis,
or treatment of a former United States government astronaut or a former
payload specialist under subsection (a), in accordance with subsection
(d). Former United States government astronaut or former payload
specialist participation in medical monitoring, diagnosis, or treatment
under subsection (a) shall constitute consent for the Administrator to
use or disclose such data.''.
(b) Table of Contents.--The table of contents for chapter 201 of
title 51, United States Code, as amended by section 305 of this
Act, <<NOTE: 51 USC 20101 prec.>> is further amended by inserting after
the item relating to section 20148 the following:
``20149. Medical monitoring and research relating to human space
flight.''.
(c) <<NOTE: 51 USC 20149 note.>> Annual Reports.--
(1) In general.--Each fiscal year, not later than the date
of submission of the President's annual budget request for that
fiscal year under section 1105 of title 31, United States Code,
the Administrator shall publish a report, in accordance with
applicable Federal privacy laws, on the activities of the
Administration under section 20149 of title 51, United States
Code.
(2) <<NOTE: Budget estimate.>> Contents.--Each report under
paragraph (1) shall include a detailed cost accounting of the
Administration's activities under section 20149 of title 51,
United States Code, and a 5-year budget estimate.
(3) Submission to congress.--The Administrator shall submit
to the appropriate committees of Congress each report under
paragraph (1) not later than the date of submission of the
President's annual budget request for that fiscal year under
section 1105 of title 31, United States Code.
(d) Cost Estimate.--
(1) Requirement.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall enter into an
arrangement with an independent external organization to
undertake an independent cost estimate of the cost to the
Administration and the Federal Government to implement and
administer the activities of the Administration under section
20149 of title 51, United States Code. The independent external
organization may not be a NASA entity, such as the Office of
Safety and Mission Assurance.
(2) Submittal to congress.--Not later than 1 year after the
date of the enactment of this Act, the Administrator shall
submit to the appropriate committees of Congress the independent
cost estimate under paragraph (1).
(e) Privacy Study.--
(1) Study.--The Administrator shall carry out a study on any
potential privacy or legal issues related to the possible
sharing beyond the Federal Government of data acquired under the
activities of the Administration under section 20149 of title
51, United States Code.
(2) Report.--Not later than 270 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report containing the
results of the study carried out under paragraph (1).
(f) <<NOTE: 51 USC 20149 note.>> Inspector General Audit.--The
Inspector General of NASA shall periodically audit or review, as the
Inspector General
[[Page 131 STAT. 48]]
considers necessary to prevent waste, fraud, and abuse, the activities
of the Administration under section 20149 of title 51, United States
Code.
TITLE V--ADVANCING SPACE SCIENCE
SEC. 501. <<NOTE: 51 USC 20301 note.>> MAINTAINING A BALANCED
SPACE SCIENCE PORTFOLIO.
(a) Sense of Congress on Science Portfolio.--Congress reaffirms the
sense of Congress that--
(1) a balanced and adequately funded set of activities,
consisting of research and analysis grant programs, technology
development, suborbital research activities, and small, medium,
and large space missions, contributes to a robust and productive
science program and serves as a catalyst for innovation and
discovery; and
(2) the Administrator should set science priorities by
following the guidance provided by the scientific community
through the National Academies of Sciences, Engineering, and
Medicine's decadal surveys.
(b) Policy.--It is the policy of the United States to ensure, to the
extent practicable, a steady cadence of large, medium, and small science
missions.
SEC. 502. <<NOTE: 51 USC 20301 note.>> PLANETARY SCIENCE.
(a) Findings.--Congress finds that--
(1) Administration support for planetary science is critical
to enabling greater understanding of the solar system and the
origin of the Earth;
(2) the United States leads the world in planetary science
and can augment its success in that area with appropriate
international, academic, and industry partnerships;
(3) a mix of small, medium, and large planetary science
missions is required to sustain a steady cadence of planetary
exploration; and
(4) robotic planetary exploration is a key component of
preparing for future human exploration.
(b) Mission Priorities.--
(1) In general.--In accordance with the priorities
established in the most recent Planetary Science Decadal Survey,
the Administrator shall ensure, to the greatest extent
practicable, the completion of a balanced set of Discovery, New
Frontiers, and Flagship missions at the cadence recommended by
the most recent Planetary Science Decadal Survey.
(2) Mission priority adjustments.--Consistent with the set
of missions described in paragraph (1), and while maintaining
the continuity of scientific data and steady development of
capabilities and technologies, the Administrator may seek, if
necessary, adjustments to mission priorities, schedule, and
scope in light of changing budget projections.
SEC. 503. JAMES WEBB SPACE TELESCOPE.
It is the sense of Congress that--
(1) the James Webb Space Telescope will--
(A) significantly advance our understanding of star
and planet formation, and improve our knowledge of the
early universe; and
(B) support United States leadership in
astrophysics;
[[Page 131 STAT. 49]]
(2) consistent with annual Government Accountability Office
reviews of the James Webb Space Telescope program, the
Administrator should continue robust surveillance of the
performance of the James Webb Space Telescope project and
continue to improve the reliability of cost estimates and
contractor performance data and other major space flight
projects in order to enhance NASA's ability to successfully
deliver the James Webb Space Telescope on-time and within
budget;
(3) the on-time and on-budget delivery of the James Webb
Space Telescope is a high congressional priority; and
(4) the Administrator should ensure that integrated testing
is appropriately timed and sufficiently comprehensive to enable
potential issues to be identified and addressed early enough to
be handled within the James Webb Space Telescope's development
schedule and prior to its launch.
SEC. 504. WIDE-FIELD INFRARED SURVEY TELESCOPE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Wide-Field Infrared Survey Telescope (referred to in
this section as ``WFIRST'') mission has the potential to enable
scientific discoveries that will transform our understanding of
the universe; and
(2) the Administrator, to the extent practicable, should
make progress on the technologies and capabilities needed to
position the Administration to meet the objectives, as outlined
in the 2010 National Academies' Astronomy and Astrophysics
Decadal Survey, in a way that maximizes the scientific
productivity of meeting those objectives for the resources
invested.
(b) Continuity of Development.--The Administrator shall ensure that
the concept definition and pre-formulation activities of the WFIRST
mission continue while the James Webb Space Telescope is being
completed.
SEC. 505. MARS 2020 ROVER.
It is the sense of Congress that--
(1) the Mars 2020 mission, to develop a Mars rover and to
enable the return of samples to Earth, should remain a priority
for NASA; and
(2) the Mars 2020 mission--
(A) should significantly increase our understanding
of Mars;
(B) should help determine whether life previously
existed on that planet; and
(C) should provide opportunities to gather knowledge
and demonstrate technologies that address the challenges
of future human expeditions to Mars.
SEC. 506. EUROPA.
(a) Findings.--Congress makes the following findings:
(1) Studies of Europa, Jupiter's moon, indicate that Europa
may provide a habitable environment, as it contains key
ingredients known to support life.
(2) In 2012, using the Hubble Space Telescope, NASA
scientists observed water vapor around the south polar region of
Europa, which provides potential evidence of water plumes in
that region.
(3) For decades, the Europa mission has consistently ranked
as a high priority mission for the scientific community.
[[Page 131 STAT. 50]]
(4) The Europa mission was ranked as the top priority
mission in the previous Planetary Science Decadal Survey and
ranked as the second-highest priority in the current Planetary
Science Decadal Survey.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Europa mission could provide another avenue in which
to capitalize on our Nation's current investment in the Space
Launch System that would significantly reduce the transit time
for such a deep space mission; and
(2) a scientific, robotic exploration mission to Europa, as
prioritized in both Planetary Science Decadal Surveys, should be
supported.
SEC. 507. CONGRESSIONAL DECLARATION OF POLICY AND PURPOSE.
Section 20102(d) of title 51, United States Code, is amended by
adding at the end the following:
``(10) The search for life's origin, evolution,
distribution, and future in the universe.''.
SEC. 508. <<NOTE: 51 USC 20301 note.>> EXTRASOLAR PLANET
EXPLORATION STRATEGY.
(a) Strategy.--
(1) In general.--The Administrator shall enter into an
arrangement with the National Academies to develop a science
strategy for the study and exploration of extrasolar planets,
including the use of the Transiting Exoplanet Survey Satellite,
the James Webb Space Telescope, a potential Wide-Field Infrared
Survey Telescope mission, or any other telescope, spacecraft, or
instrument, as appropriate.
(2) Requirements.--The strategy shall--
(A) outline key scientific questions;
(B) identify the most promising research in the
field;
(C) indicate the extent to which the mission
priorities in existing decadal surveys address the key
extrasolar planet research and exploration goals;
(D) identify opportunities for coordination with
international partners, commercial partners, and not-
for-profit partners; and
(E) <<NOTE: Recommenda- tions.>> make
recommendations regarding the activities under
subparagraphs (A) through (D), as appropriate.
(b) Use of Strategy.--The Administrator shall use the strategy--
(1) to inform roadmaps, strategic plans, and other
activities of the Administration as they relate to extrasolar
planet research and exploration; and
(2) to provide a foundation for future activities and
initiatives related to extrasolar planet research and
exploration.
(c) Report to Congress.--Not later than 18 months after the date of
enactment of this Act, the National Academies shall submit to the
Administrator and to the appropriate committees of Congress a report
containing the strategy developed under subsection (a).
SEC. 509. <<NOTE: 51 USC 20301 note.>> ASTROBIOLOGY STRATEGY.
(a) Strategy.--
(1) In general.--The Administrator shall enter into an
arrangement with the National Academies to develop a science
strategy for astrobiology that would outline key scientific
questions, identify the most promising research in the field,
and
[[Page 131 STAT. 51]]
indicate the extent to which the mission priorities in existing
decadal surveys address the search for life's origin, evolution,
distribution, and future in the Universe.
(2) Recommendations.--The strategy shall include
recommendations for coordination with international partners.
(b) Use of Strategy.--The Administrator shall use the strategy
developed under subsection (a) in planning and funding research and
other activities and initiatives in the field of astrobiology.
(c) Report to Congress.--Not later than 18 months after the date of
enactment of this Act, the National Academies shall submit to the
Administrator and to the appropriate committees of Congress a report
containing the strategy developed under subsection (a).
SEC. 510. <<NOTE: Deadline. Reports.>> ASTROBIOLOGY PUBLIC-
PRIVATE PARTNERSHIPS.
Not later than 180 days after the date of enactment of this Act, the
Administrator shall submit to the appropriate committees of Congress a
report describing how the Administration can expand collaborative
partnerships to study life's origin, evolution, distribution, and future
in the universe.
SEC. 511. NEAR-EARTH OBJECTS.
Section 321 of the National Aeronautics and Space Administration
Authorization Act of 2005 <<NOTE: 51 USC 71101 note prec.>> (51 U.S.C.
note prec. 71101) is amended by adding at the end the following:
``(e) Program Report.--The Director of the Office of Science and
Technology Policy and the Administrator shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Science, Space, and Technology of the House of Representatives, not
later than 1 year after the date of enactment of the National
Aeronautics and Space Administration Transition Authorization Act of
2017, an initial report that provides--
``(1) <<NOTE: Recommenda- tions.>> recommendations for
carrying out the Survey program and an associated proposed
budget;
``(2) <<NOTE: Analysis. Strategy.>> an analysis of possible
options that the Administration could employ to divert an object
on a likely collision course with Earth; and
``(3) a description of the status of efforts to coordinate
and cooperate with other countries to discover hazardous
asteroids and comets, plan a mitigation strategy, and implement
that strategy in the event of the discovery of an object on a
likely collision course with Earth.
``(f) <<NOTE: Summaries.>> Annual Reports.--After the initial
report under subsection (e), the Administrator shall annually transmit
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Science, Space, and Technology of the House of
Representatives a report that includes--
``(1) a summary of all activities carried out under
subsection (d) since the date of enactment of the National
Aeronautics and Space Administration Transition Authorization
Act of 2017, including the progress toward achieving 90 percent
completion of the survey described in subsection (d); and
``(2) a summary of expenditures for all activities carried
out under subsection (d) since the date of enactment of the
National Aeronautics and Space Administration Transition
Authorization Act of 2017.
[[Page 131 STAT. 52]]
``(g) Assessment.--The Administrator, in collaboration with other
relevant Federal agencies, shall carry out a technical and scientific
assessment of the capabilities and resources--
``(1) to accelerate the survey described in subsection (d);
and
``(2) to expand the Administration's Near-Earth Object
Program to include the detection, tracking, cataloguing, and
characterization of potentially hazardous near-Earth objects
less than 140 meters in diameter.
``(h) <<NOTE: Deadline.>> Transmittal.--Not later than 270 days
after the date of enactment of the National Aeronautics and Space
Administration Transition Authorization Act of 2017, the Administrator
shall transmit the results of the assessment under subsection (g) to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Science, Space, and Technology of the House of
Representatives.''.
SEC. 512. NEAR-EARTH OBJECTS PUBLIC-PRIVATE PARTNERSHIPS.
(a) Sense of Congress.--It is the sense of Congress that the
Administration should seek to leverage the capabilities of the private
sector and philanthropic organizations to the maximum extent practicable
in carrying out the Near-Earth Object Survey Program in order to meet
the goal of that program under section 321(d)(1) of the National
Aeronautics and Space Administration Authorization Act of 2005 (51
U.S.C. note prec. 71101(d)(1)).
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator shall submit to the appropriate committees
of Congress a report describing how the Administration can expand
collaborative partnerships to detect, track, catalogue, and categorize
near-Earth objects.
SEC. 513. ASSESSMENT OF SCIENCE MISSION EXTENSIONS.
Section 30504 of title 51, United States Code, is amended to read as
follows:
``Sec. 30504. Assessment of science mission extensions
``(a) Assessments.--
``(1) <<NOTE: Deadline. Reviews.>> In general.--The
Administrator shall carry out triennial reviews within each of
the Science divisions to assess the cost and benefits of
extending the date of the termination of data collection for
those missions that exceed their planned missions' lifetime.
``(2) Considerations.--In conducting an assessment under
paragraph (1), the Administrator shall consider whether and how
extending missions impacts the start of future missions.
``(b) Consultation and Consideration of Potential Benefits of
Instruments on Missions.--When deciding whether to extend a mission that
has an operational component, the Administrator shall--
``(1) consult with any affected Federal agency; and
``(2) take into account the potential benefits of
instruments on missions that are beyond their planned mission
lifetime.
``(c) Reports.--The Administrator shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Science, Space, and Technology of the House of Representatives, at the
same time as the submission to Congress of the Administration's annual
budget request for each fiscal year,
[[Page 131 STAT. 53]]
a report detailing any assessment under subsection (a) that was carried
out during the previous year.''.
SEC. 514. <<NOTE: Termination date.>> STRATOSPHERIC OBSERVATORY
FOR INFRARED ASTRONOMY.
The Administrator may not terminate science operations of the
Stratospheric Observatory for Infrared Astronomy before December 31,
2017.
SEC. 515. RADIOISOTOPE POWER SYSTEMS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) exploration of the outer reaches of the solar system is
enabled by radioisotope power systems;
(2) establishing continuity in the production of the
material needed for radioisotope power systems is essential to
maintaining the availability of such systems for future deep
space exploration missions; and
(3) Federal agencies supporting the Administration through
the production of such material should do so in a cost effective
manner so as not to impose excessive reimbursement requirements
on the Administration.
(b) <<NOTE: Consultation.>> Analysis of Requirements and Risks.--
The Director of the Office of Science and Technology Policy and the
Administrator, in consultation with the heads of other Federal agencies,
shall conduct an analysis of--
(1) the requirements of the Administration for radioisotope
power system material that is needed to carry out planned, high
priority robotic missions in the solar system and other surface
exploration activities beyond low-Earth orbit; and
(2) the risks to missions of the Administration in meeting
those requirements, or any additional requirements, due to a
lack of adequate radioisotope power system material.
(c) Contents of Analysis.--The analysis conducted under subsection
(b) shall--
(1) detail the Administration's current projected mission
requirements and associated timeframes for radioisotope power
system material;
(2) explain the assumptions used to determine the
Administration's requirements for the material, including--
(A) the planned use of advanced thermal conversion
technology such as advanced thermocouples and Stirling
generators and converters; and
(B) the risks and implications of, and contingencies
for, any delays or unanticipated technical challenges
affecting or related to the Administration's mission
plans for the anticipated use of advanced thermal
conversion technology;
(3) <<NOTE: Assessment.>> assess the risk to the
Administration's programs of any potential delays in achieving
the schedule and milestones for planned domestic production of
radioisotope power system material;
(4) outline a process for meeting any additional
Administration requirements for the material;
(5) <<NOTE: Cost estimate.>> estimate the incremental costs
required to increase the amount of material produced each year,
if such an increase is needed to support additional
Administration requirements for the material;
[[Page 131 STAT. 54]]
(6) detail how the Administration and other Federal agencies
will manage, operate, and fund production facilities and the
design and development of all radioisotope power systems used by
the Administration and other Federal agencies as necessary;
(7) <<NOTE: Consultation. Reimbursements.>> specify the
steps the Administration will take, in consultation with the
Department of Energy, to preserve the infrastructure and
workforce necessary for production of radioisotope power systems
and ensure that its reimbursements to the Department of Energy
associated with such preservation are equitable and justified;
and
(8) detail how the Administration has implemented or
rejected the recommendations from the National Research
Council's 2009 report titled ``Radioisotope Power Systems: An
Imperative for Maintaining U.S. Leadership in Space
Exploration.''
(d) Report to Congress.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit the results of the
analysis to the appropriate committees of Congress.
SEC. 516. ASSESSMENT OF MARS ARCHITECTURE.
(a) Assessment.--The Administrator shall enter into an arrangement
with the National Academies of Sciences, Engineering, and Medicine to
assess--
(1) the Administration's Mars exploration architecture and
its responsiveness to the strategies, priorities, and guidelines
put forward by the National Academies' planetary science decadal
surveys and other relevant National Academies Mars-related
reports;
(2) the long-term goals of the Administration's Mars
Exploration Program and such program's ability to optimize the
science return, given the current fiscal posture of the program;
(3) the Mars exploration architecture's relationship to
Mars-related activities to be undertaken by foreign agencies and
organizations; and
(4) the extent to which the Mars exploration architecture
represents a reasonably balanced mission portfolio.
(b) Report to Congress.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall submit the results of the
assessment to the appropriate committees of Congress.
SEC. 517. COLLABORATION.
The Administration shall continue to develop first-of-a-kind
instruments that, once proved, can be transitioned to other agencies for
operations. Whenever responsibilities for the development of sensors or
for measurements are transferred to the Administration from another
agency, the Administration shall seek, to the extent possible, to be
reimbursed for the assumption of such responsibilities.
TITLE VI--AERONAUTICS
SEC. 601. <<NOTE: Reimbursement. 51 USC 20113 note.>> SENSE OF
CONGRESS ON AERONAUTICS.
It is the sense of Congress that--
(1) a robust aeronautics research portfolio will help
maintain the United States status as a leader in aviation,
enhance
[[Page 131 STAT. 55]]
the competitiveness of the United States in the world economy,
and improve the quality of life of all citizens;
(2) aeronautics research is essential to the
Administration's mission, continues to be an important core
element of the Administration's mission, and should be
supported;
(3) the Administrator should coordinate and consult with
relevant Federal agencies and the private sector to minimize
duplication of efforts and leverage resources; and
(4) carrying aeronautics research to a level of maturity
that allows the Administration's research results to be
transferred to the users, whether private or public sector, is
critical to their eventual adoption.
SEC. 602. TRANSFORMATIVE AERONAUTICS RESEARCH.
It is the sense of Congress that the Administrator should look
strategically into the future and ensure that the Administration's
Center personnel are at the leading edge of aeronautics research by
encouraging investigations into the early-stage advancement of new
processes, novel concepts, and innovative technologies that have the
potential to meet national aeronautics needs.
SEC. 603. HYPERSONIC RESEARCH.
(a) <<NOTE: Deadline. Consultation.>> Roadmap for Hypersonic
Research.--Not later than 1 year after the date of enactment of this
Act, the Administrator, in consultation with the heads of other relevant
Federal agencies, shall develop and submit to the appropriate committees
of Congress a research and development roadmap for hypersonic aircraft
research.
(b) Objective.--The objective of the roadmap is to explore
hypersonic science and technology using air-breathing propulsion
concepts, through a mix of theoretical work, basic and applied research,
and development of flight research demonstration vehicles.
(c) <<NOTE: Recommenda- tions.>> Contents.--The roadmap shall
recommend appropriate Federal agency contributions, coordination
efforts, and technology milestones.
SEC. 604. SUPERSONIC RESEARCH.
(a) Findings.--Congress finds that--
(1) the ability to fly commercial aircraft over land at
supersonic speeds without adverse impacts on the environment or
on local communities could open new global markets and enable
new transportation capabilities; and
(2) continuing the Administration's research program is
necessary to assess the impact in a relevant environment of
commercial supersonic flight operations and provide the basis
for establishing appropriate sonic boom standards for such
flight operations.
(b) Roadmap for Supersonic Research.--
(1) <<NOTE: Deadline.>> In general.--Not later than 1 year
after the date of enactment of this Act, the Administrator shall
develop and submit to the appropriate committees of Congress a
roadmap that allows for flexible funding profiles for supersonic
aeronautics research and development.
(2) Objective.--The objective of the roadmap is to develop
and demonstrate, in a relevant environment, airframe and
propulsion technologies to minimize the environmental impact,
including noise, of supersonic overland flight in an efficient
and economical manner.
[[Page 131 STAT. 56]]
(3) <<NOTE: Plans.>> Contents.--The roadmap shall include--
(A) the baseline research as embodied by the
Administration's existing research on supersonic flight;
(B) <<NOTE: Lists.>> a list of specific
technological, environmental, and other challenges that
must be overcome to minimize the environmental impact,
including noise, of supersonic overland flight;
(C) a research plan to address the challenges under
subparagraph (B), including a project timeline for
accomplishing relevant research goals;
(D) a plan for coordination with stakeholders,
including relevant government agencies and industry; and
(E) a plan for how the Administration will ensure
that sonic boom research is coordinated as appropriate
with relevant Federal agencies.
SEC. 605. ROTORCRAFT RESEARCH.
(a) <<NOTE: Deadline. Consultation.>> Roadmap for Rotorcraft
Research.--Not later than 1 year after the date of enactment of this
Act, the Administrator, in consultation with the heads of other relevant
Federal agencies, shall prepare and submit to the appropriate committees
of Congress a roadmap for research relating to rotorcraft and other
runway-independent air vehicles.
(b) Objective.--The objective of the roadmap is to develop and
demonstrate improved safety, noise, and environmental impact in a
relevant environment.
(c) <<NOTE: Timeline. Guidelines.>> Contents.--The roadmap shall
include specific goals for the research, a timeline for implementation,
metrics for success, and guidelines for collaboration and coordination
with industry and other Federal agencies.
TITLE VII--SPACE TECHNOLOGY
SEC. 701. <<NOTE: 51 USC 20301 note.>> SPACE TECHNOLOGY INFUSION.
(a) Sense of Congress on Space Technology.--It is the sense of
Congress that space technology is critical--
(1) to developing technologies and capabilities that will
make the Administration's core missions more affordable and more
reliable;
(2) to enabling a new class of Administration missions
beyond low-Earth orbit; and
(3) to improving technological capabilities and promote
innovation for the Administration and the Nation.
(b) Sense of Congress on Propulsion Technology.--It is the sense of
Congress that advancing propulsion technology would improve the
efficiency of trips to Mars and could shorten travel time to Mars,
reduce astronaut health risks, and reduce radiation exposure,
consumables, and mass of materials required for the journey.
(c) Policy.--It is the policy of the United States that the
Administrator shall develop technologies to support the Administration's
core missions, as described in section 2(3) of the National Aeronautics
and Space Administration Authorization Act of 2010 (42 U.S.C. 18301(3)),
and support sustained investments in early stage innovation, fundamental
research, and technologies to expand the boundaries of the national
aerospace enterprise.
[[Page 131 STAT. 57]]
(d) Propulsion Technologies.--A goal of propulsion technologies
developed under subsection (c) shall be to significantly reduce human
travel time to Mars.
SEC. 702. <<NOTE: 51 USC 20301 note.>> SPACE TECHNOLOGY PROGRAM.
(a) Space Technology Program Authorized.--The Administrator shall
conduct a space technology program (referred to in this section as the
``Program'') to research and develop advanced space technologies that
could deliver innovative solutions across the Administration's space
exploration and science missions.
(b) Considerations.--In conducting the Program, the Administrator
shall consider--
(1) the recommendations of the National Academies' review of
the Administration's Space Technology roadmaps and priorities;
and
(2) the applicable enabling aspects of the stepping stone
approach to exploration under section 70504 of title 51, United
States Code.
(c) Requirements.--In conducting the Program, the Administrator
shall--
(1) to the extent practicable, use a competitive process to
select research and development projects;
(2) to the extent practicable and appropriate, use small
satellites and the Administration's suborbital and ground-based
platforms to demonstrate space technology concepts and
developments; and
(3) as appropriate, partner with other Federal agencies,
universities, private industry, and foreign countries.
(d) Small Business Programs.--The Administrator shall organize and
manage the Administration's Small Business Innovation Research Program
and Small Business Technology Transfer Program within the Program.
(e) Nonduplication Certification.--The Administrator shall submit a
budget for each fiscal year, as transmitted to Congress under section
1105(a) of title 31, United States Code, that avoids duplication of
projects, programs, or missions conducted by Program with other
projects, programs, or missions conducted by another office or
directorate of the Administration.
(f) Collaboration, Coordination, and Alignment.--
(1) In general.--The Administrator shall--
(A) ensure that the Administration's projects,
programs, and activities in support of technology
research and development of advanced space technologies
are fully coordinated and aligned;
(B) ensure that the results the projects, programs,
and activities under subparagraph (A) are shared and
leveraged within the Administration; and
(C) ensure that the organizational responsibility
for research and development activities in support of
human space exploration not initiated as of the date of
enactment of this Act is established on the basis of a
sound rationale.
(2) Sense of congress.--It is the sense of Congress that
projects, programs, and missions being conducted by the Human
Exploration and Operations Mission Directorate in support of
research and development of advanced space technologies and
systems focusing on human space exploration should continue in
that Directorate.
[[Page 131 STAT. 58]]
(g) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator shall provide to the appropriate committees
of Congress a report--
(1) comparing the Administration's space technology
investments with the high-priority technology areas identified
by the National Academies in the National Research Council's
report on the Administration's Space Technology Roadmaps; and
(2) including--
(A) identification of how the Administration will
address any gaps between the agency's investments and
the recommended technology areas, including a projection
of funding requirements; and
(B) identification of the rationale described in
subsection (f)(1)(C).
(h) Annual Report.--The Administrator shall include in the
Administration's annual budget request for each fiscal year the
rationale for assigning organizational responsibility for, in the year
prior to the budget fiscal year, each initiated project, program, and
mission focused on research and development of advanced technologies for
human space exploration.
TITLE VIII--MAXIMIZING EFFICIENCY
Subtitle A--Agency Information Technology and Cybersecurity
SEC. 811. <<NOTE: 51 USC 20111 note.>> INFORMATION TECHNOLOGY
GOVERNANCE.
(a) In General.--The Administrator shall, in a manner that reflects
the unique nature of NASA's mission and expertise--
(1) ensure the NASA Chief Information Officer, Mission
Directorates, and Centers have appropriate roles in the
management, governance, and oversight processes related to
information technology operations and investments and
information security programs for the protection of NASA
systems;
(2) ensure the NASA Chief Information Officer has the
appropriate resources and insight to oversee NASA information
technology and information security operations and investments;
(3) provide an information technology program management
framework to increase the efficiency and effectiveness of
information technology investments, including relying on metrics
for identifying and reducing potential duplication, waste, and
cost;
(4) improve the operational linkage between the NASA Chief
Information Officer and each NASA mission directorate, center,
and mission support office to ensure both agency and mission
needs are considered in agency-wide information technology and
information security management and oversight;
(5) <<NOTE: Review.>> review the portfolio of information
technology investments and spending, including information
technology-related investments included as part of activities
within NASA mission directorates that may not be considered
information technology,
[[Page 131 STAT. 59]]
to ensure investments are recognized and reported appropriately
based on guidance from the Office of Management and Budget;
(6) consider appropriate revisions to the charters of
information technology boards and councils that inform
information technology investment and operation decisions; and
(7) consider whether the NASA Chief Information Officer
should have a seat on any boards or councils described in
paragraph (6).
(b) GAO Study.--
(1) Study.--The Comptroller General of the United States
shall conduct a study of the effectiveness of the
Administration's Information Technology Governance in ensuring
information technology resources are aligned with agency
missions and are cost effective and secure.
(2) <<NOTE: Assessment.>> Contents.--The study shall
include an assessment of--
(A) the resources available for overseeing
Administration-wide information technology operations,
investments, and security measures and the NASA Chief
Information Officer's visibility and involvement into
information technology oversight and access to those
resources;
(B) the effectiveness and challenges of the
Administration's information technology structure,
decision making processes and authorities, including
impacts on its ability to implement information
security; and
(C) the impact of NASA Chief Information Officer
approval authority over information technology
investments that exceed a defined monetary threshold,
including any potential impacts of such authority on the
Administration's missions, flights programs and
projects, research activities, and Center operations.
(3) <<NOTE: Recommenda- tions.>> Report.--Not later than 1
year after the date of enactment of this Act, the Comptroller
General shall submit to the appropriate committees of Congress a
report detailing the results of the study under paragraph (1),
including any recommendations.
SEC. 812. <<NOTE: 51 USC 20111 note.>> INFORMATION TECHNOLOGY
STRATEGIC PLAN.
(a) In General.--Subject to subsection (b), the Administrator shall
develop an information technology strategic plan to guide NASA
information technology management and strategic objectives.
(b) Requirements.--In developing the strategic plan, the
Administrator shall ensure that the strategic plan addresses--
(1) the deadline under section 306(a) of title 5, United
States Code; and
(2) the requirements under section 3506 of title 44, United
States Code.
(c) Contents.--The strategic plan shall address, in a manner that
reflects the unique nature of NASA's mission and expertise--
(1) near and long-term goals and objectives for leveraging
information technology;
(2) a plan for how NASA will submit to Congress of a list of
information technology projects, including completion dates and
risk level in accordance with guidance from the Office of
Management and Budget;
[[Page 131 STAT. 60]]
(3) an implementation overview for an agency-wide approach
to information technology investments and operations, including
reducing barriers to cross-center collaboration;
(4) <<NOTE: Coordination.>> coordination by the NASA Chief
Information Officer with centers and mission directorates to
ensure that information technology policies are effectively and
efficiently implemented across the agency;
(5) a plan to increase the efficiency and effectiveness of
information technology investments, including a description of
how unnecessarily duplicative, wasteful, legacy, or outdated
information technology across NASA will be identified and
eliminated, and a schedule for the identification and
elimination of such information technology;
(6) a plan for improving the information security of agency
information and agency information systems, including improving
security control assessments and role-based security training of
employees; and
(7) submission by NASA to Congress of information regarding
high risk projects and cybersecurity risks.
(d) Congressional Oversight.--The Administrator shall submit to the
appropriate committees of Congress the strategic plan under subsection
(a) and any updates thereto.
SEC. 813. <<NOTE: 51 USC 20111 note.>> CYBERSECURITY.
(a) Finding.--Congress finds that the security of NASA information
and information systems is vital to the success of the mission of the
agency.
(b) Information Security Plan.--
(1) <<NOTE: Deadline.>> In general.--Not later than 1 year
after the date of enactment of this Act, the Administrator shall
implement the information security plan developed under
paragraph (2) and take such further actions as the Administrator
considers necessary to improve the information security system
in accordance with this section.
(2) Information security plan.--Subject to paragraphs (3)
and (4), the Administrator shall develop an agency-wide
information security plan to enhance information security for
NASA information and information infrastructure.
(3) Requirements.--In developing the plan under paragraph
(2), the Administrator shall ensure that the plan--
(A) reflects the unique nature of NASA's mission and
expertise;
(B) is informed by policies, standards, guidelines,
and directives on information security required for
Federal agencies;
(C) is consistent with the standards and guidelines
under section 11331 of title 40, United States Code; and
(D) meets applicable National Institute of Standards
and Technology information security standards and
guidelines.
(4) Contents.--The plan shall address--
(A) an overview of the requirements of the
information security system;
(B) an agency-wide risk management framework for
information security;
[[Page 131 STAT. 61]]
(C) a description of the information security system
management controls and common controls that are
necessary to ensure compliance with information
security-related requirements;
(D) an identification and assignment of roles,
responsibilities, and management commitment for
information security at the agency;
(E) coordination among organizational entities,
including between each center, facility, mission
directorate, and mission support office, and among
agency entities responsible for different aspects of
information security;
(F) the need to protect the information security of
mission-critical systems and activities and high-impact
and moderate-impact information systems; and
(G) a schedule of frequent reviews and updates, as
necessary, of the plan.
SEC. 814. <<NOTE: Notification.>> SECURITY MANAGEMENT OF FOREIGN
NATIONAL ACCESS.
The Administrator shall notify the appropriate committees of
Congress when the agency has implemented the information technology
security recommendations from the National Academy of Public
Administration on foreign national access management, based on reports
from January 2014 and March 2016.
SEC. 815. <<NOTE: Deadline. Plans.>> CYBERSECURITY OF WEB
APPLICATIONS.
Not later than 180 days after the date of enactment of this Act, the
Administrator shall, in a manner that reflects the unique nature of
NASA's mission and expertise--
(1) develop a plan, including such actions and milestones as
are necessary, to fully remediate security vulnerabilities of
NASA web applications within a timely fashion after discovery;
and
(2) provide an update on its plan to implement the
recommendation from the NASA Inspector General in the audit
report dated July 10, 2014, (IG-14-023) to remove from the
Internet or otherwise secure all NASA web applications in
development or testing mode.
Subtitle B--Collaboration Among Mission Directorates and Other Matters
SEC. 821. <<NOTE: 51 USC 20111 note.>> COLLABORATION AMONG
MISSION DIRECTORATES.
The Administrator shall encourage an interdisciplinary approach
among all NASA mission directorates and divisions, whenever appropriate,
for projects or missions--
(1) to improve coordination, and encourage collaboration and
early planning on scope;
(2) to determine areas of overlap or alignment;
(3) to find ways to leverage across divisional perspectives
to maximize outcomes; and
(4) to be more efficient with resources and funds.
SEC. 822. <<NOTE: 51 USC 50131 note.>> NASA LAUNCH CAPABILITIES
COLLABORATION.
(a) Findings.--Congress makes the following findings:
[[Page 131 STAT. 62]]
(1) The Launch Services Program is responsible for the
acquisition, management, and technical oversight of commercial
launch services for NASA's science and robotic missions.
(2) The Commercial Crew Program is responsible for the
acquisition, management, and technical oversight of commercial
crew transportation systems.
(3) The Launch Services Program and Commercial Crew Program
have worked together to gain exceptional technical insight into
the contracted launch service providers that are common to both
programs.
(4) The Launch Services Program has a long history of
oversight of 12 different launch vehicles and over 80 launches.
(5) Co-location of the Launch Services Program and
Commercial Crew Program has enabled the Commercial Crew Program
to efficiently obtain the launch vehicle technical expertise of
and provide engineering and analytical support to the Commercial
Crew Program.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Launch Services Program and Commercial Crew Program
each benefit from communication and coordination of launch
manifests, technical information, and common launch vehicle
insight between the programs; and
(2) such communication and coordination is enabled by the
co-location of the programs.
(c) In General.--The Administrator shall pursue a strategy for
acquisition of crewed transportation services and non-crewed launch
services that continues to enhance communication, collaboration, and
coordination between the Launch Services Program and the Commercial Crew
Program.
SEC. 823. <<NOTE: 51 USC 30301 note prec.>> DETECTION AND
AVOIDANCE OF COUNTERFEIT PARTS.
(a) Findings.--Congress makes the following findings:
(1) A 2012 investigation by the Committee on Armed Services
of the Senate of counterfeit electronic parts in the Department
of Defense supply chain from 2009 through 2010 uncovered 1,800
cases and over 1,000,000 counterfeit parts and exposed the
threat such counterfeit parts pose to service members and
national security.
(2) Since 2010, the Comptroller General of the United States
has identified in 3 separate reports the risks and challenges
associated with counterfeit parts and counterfeit prevention at
both the Department of Defense and NASA, including inconsistent
definitions of counterfeit parts, poorly targeted quality
control practices, and potential barriers to improvements to
these practices.
(b) Sense of Congress.--It is the sense of Congress that the
presence of counterfeit electronic parts in the NASA supply chain poses
a danger to United States government astronauts, crew, and other
personnel and a risk to the agency overall.
(c) Regulations.--
(1) <<NOTE: Deadline.>> In general.--Not later than 270
days after the date of enactment of this Act, the Administrator
shall revise the NASA Supplement to the Federal Acquisition
Regulation to improve the detection and avoidance of counterfeit
electronic parts in the supply chain.
(2) Contractor responsibilities.--In revising the
regulations under paragraph (1), the Administrator shall--
[[Page 131 STAT. 63]]
(A) require each covered contractor--
(i) to detect and avoid the use or inclusion
of any counterfeit parts in electronic parts or
products that contain electronic parts;
(ii) to take such corrective actions as the
Administrator considers necessary to remedy the
use or inclusion described in clause (i); and
(iii) <<NOTE: Notification. Deadline.>>
including a subcontractor, to notify the
applicable NASA contracting officer not later than
30 calendar days after the date the covered
contractor becomes aware, or has reason to
suspect, that any end item, component, part or
material contained in supplies purchased by NASA,
or purchased by a covered contractor or
subcontractor for delivery to, or on behalf of,
NASA, contains a counterfeit electronic part or
suspect counterfeit electronic part; and
(B) prohibit the cost of counterfeit electronic
parts, suspect counterfeit electronic parts, and any
corrective action described under subparagraph (A)(ii)
from being included as allowable costs under agency
contracts, unless--
(i)(I) the covered contractor has an
operational system to detect and avoid counterfeit
electronic parts and suspect counterfeit
electronic parts that has been reviewed and
approved by NASA or the Department of Defense; and
(II) the covered contractor has
provided the notice under subparagraph
(A)(iii); or
(ii) the counterfeit electronic parts or
suspect counterfeit electronic parts were provided
to the covered contractor as Government property
in accordance with part 45 of the Federal
Acquisition Regulation.
(3) Suppliers of electronic parts.--In revising the
regulations under paragraph (1), the Administrator shall--
(A) require NASA and covered contractors, including
subcontractors, at all tiers--
(i) to obtain electronic parts that are in
production or currently available in stock from--
(I) the original manufacturers of
the parts or their authorized dealers;
or
(II) suppliers who obtain such parts
exclusively from the original
manufacturers of the parts or their
authorized dealers; and
(ii) to obtain electronic parts that are not
in production or currently available in stock from
suppliers that meet qualification requirements
established under subparagraph (C);
(B) establish documented requirements consistent
with published industry standards or Government contract
requirements for--
(i) notification of the agency; and
(ii) inspection, testing, and authentication
of electronic parts that NASA or a covered
contractor, including a subcontractor, obtains
from any source other than a source described in
subparagraph (A);
(C) establish qualification requirements, consistent
with the requirements of section 2319 of title 10,
United
[[Page 131 STAT. 64]]
States Code, pursuant to which NASA may identify
suppliers that have appropriate policies and procedures
in place to detect and avoid counterfeit electronic
parts and suspect counterfeit electronic parts; and
(D) authorize a covered contractor, including a
subcontractor, to identify and use additional suppliers
beyond those identified under subparagraph (C) if--
(i) the standards and processes for
identifying such suppliers comply with established
industry standards;
(ii) the covered contractor assumes
responsibility for the authenticity of parts
provided by such suppliers under paragraph (2);
and
(iii) the selection of such suppliers is
subject to review and audit by NASA.
(d) Definitions.--In this section:
(1) Covered contractor.--The term ``covered contractor''
means a contractor that supplies an electronic part, or a
product that contains an electronic part, to NASA.
(2) Electronic part.--The term ``electronic part'' means a
discrete electronic component, including a microcircuit,
transistor, capacitor, resistor, or diode, that is intended for
use in a safety or mission critical application.
SEC. 824. <<NOTE: 51 USC 40901 note prec.>> EDUCATION AND
OUTREACH.
(a) Sense of Congress.--It is the sense of Congress that--
(1) United States competitiveness in the 21st century
requires engaging the science, technology, engineering, and
mathematics (referred to in this section as ``STEM'') talent in
all States;
(2) the Administration is uniquely positioned to educate and
inspire students and the broader public on STEM subjects and
careers;
(3) the Administration's Education and Communication
Offices, Mission Directorates, and Centers have been effective
in delivering educational content because of the strong
engagement of Administration scientists and engineers in the
Administration's education and outreach activities;
(4) the Administration's education and outreach programs,
including the Experimental Program to Stimulate Competitive
Research (EPSCoR) and the Space Grant College and Fellowship
Program, reflect the Administration's successful commitment to
growing and diversifying the national science and engineering
workforce; and
(5) in order to grow and diversify the Nation's engineering
workforce, it is vital for the Administration to bolster
programs, such as High Schools United with NASA to Create
Hardware (HUNCH) program, that conduct outreach activities to
underserved rural communities, vocational schools, and tribal
colleges and universities and encourage new participation in the
STEM workforce.
(b) Continuation of Education and Outreach Activities and
Programs.--
(1) In general.--The Administrator shall continue engagement
with the public and education opportunities for students via all
the Administration's mission directorates to the maximum extent
practicable.
[[Page 131 STAT. 65]]
(2) Report.--Not later than 60 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the
Administration's near-term outreach plans for advancing space
law education.
SEC. 825. <<NOTE: 51 USC 50131 note.>> LEVERAGING COMMERCIAL
SATELLITE SERVICING CAPABILITIES ACROSS
MISSION DIRECTORATES.
(a) Findings.--Congress makes the following findings:
(1) Refueling and relocating aging satellites to extend
their operational lifetimes is a capacity that NASA will
substantially benefit from and is important for lowering the
costs of ongoing scientific, national security, and commercial
satellite operations.
(2) The technologies involved in satellite servicing, such
as dexterous robotic arms, propellant transfer systems, and
solar electric propulsion, are all critical capabilities to
support a human exploration mission to Mars.
(b) Sense of Congress.--It is the sense of Congress that--
(1) satellite servicing is a vital capability that will
bolster the capacity and affordability of NASA's ongoing
scientific and human exploration operations while simultaneously
enhancing the ability of domestic companies to compete in the
global marketplace; and
(2) future NASA satellites and spacecraft across mission
directorates should be constructed in a manner that allows for
servicing in order to maximize operational longevity and
affordability.
(c) Leveraging of Capabilities.--The Administrator shall--
(1) identify orbital assets in both the Science Mission
Directorate and the Human Exploration and Operations Mission
Directorate that could benefit from satellite servicing-related
technologies; and
(2) <<NOTE: Evaluation.>> work across all NASA mission
directorates to evaluate opportunities for the private sector to
perform such services or advance technical capabilities by
leveraging the technologies and techniques developed by NASA
programs and other industry programs.
SEC. 826. <<NOTE: 51 USC 70102 note.>> FLIGHT OPPORTUNITIES.
(a) Development of Payloads.--
(1) In general.--In order to conduct necessary research, the
Administrator shall continue and, as the Administrator considers
appropriate, expand the development of technology payloads for--
(A) scientific research; and
(B) investigating new or improved capabilities.
(2) Funds.--For the purpose of carrying out paragraph (1),
the Administrator shall make funds available for--
(A) flight testing;
(B) payload development; and
(C) hardware related to subparagraphs (A) and (B).
(b) Reaffirmation of Policy.--Congress reaffirms that the
Administrator should provide flight opportunities for payloads to
microgravity environments and suborbital altitudes as authorized by
section 907 of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18405).
[[Page 131 STAT. 66]]
SEC. 827. SENSE OF CONGRESS ON SMALL CLASS LAUNCH MISSIONS.
It is the sense of Congress that--
(1) Venture Class Launch Services contracts awarded under
the Launch Services Program will expand opportunities for future
dedicated launches of CubeSats and other small satellites and
small orbital science missions; and
(2) principal investigator-led small orbital science
missions, including CubeSat class, Small Explorer (SMEX) class,
and Venture class, offer valuable opportunities to advance
science at low cost, train the next generation of scientists and
engineers, and enable participants to acquire skills in systems
engineering and systems integration that are critical to
maintaining the Nation's leadership in space and to enhancing
United States innovation and competitiveness abroad.
SEC. 828. BASELINE AND COST CONTROLS.
Section 30104(a)(1) of title 51, United States Code, is amended by
striking ``Procedural Requirements 7120.5c, dated March 22, 2005'' and
inserting ``Procedural Requirements 7120.5E, dated August 14, 2012''.
SEC. 829. COMMERCIAL TECHNOLOGY TRANSFER PROGRAM.
Section 50116(a) of title 51, United States Code, is amended by
inserting ``, while protecting national security'' after ``research
community''.
SEC. 830. <<NOTE: 51 USC 30301 note prec.>> AVOIDING
ORGANIZATIONAL CONFLICTS OF INTEREST IN
MAJOR ADMINISTRATION ACQUISITION PROGRAMS.
(a) <<NOTE: Deadline. Recommenda- tions.>> Revised Regulations
Required.--Not later than 270 days after the date of enactment of this
Act, the Administrator shall revise the Administration Supplement to the
Federal Acquisition Regulation to provide uniform guidance and recommend
revised requirements for organizational conflicts of interest by
contractors in major acquisition programs in order to address the
elements identified in subsection (b).
(b) Elements.--The revised regulations under subsection (a) shall,
at a minimum--
(1) address organizational conflicts of interest that could
potentially arise as a result of--
(A) lead system integrator contracts on major
acquisition programs and contracts that follow lead
system integrator contracts on such programs,
particularly contracts for production;
(B) the ownership of business units performing
systems engineering and technical assistance functions,
professional services, or management support services in
relation to major acquisition programs by contractors
who simultaneously own business units competing to
perform as either the prime contractor or the supplier
of a major subsystem or component for such programs;
(C) the award of major subsystem contracts by a
prime contractor for a major acquisition program to
business units or other affiliates of the same parent
corporate entity, and particularly the award of
subcontracts for software integration or the development
of a proprietary software system architecture; or
(D) the performance by, or assistance of,
contractors in technical evaluations on major
acquisition programs;
[[Page 131 STAT. 67]]
(2) require the Administration to request advice on systems
architecture and systems engineering matters with respect to
major acquisition programs from objective sources independent of
the prime contractor;
(3) require that a contract for the performance of systems
engineering and technical assistance functions for a major
acquisition program contains a provision prohibiting the
contractor or any affiliate of the contractor from participating
as a prime contractor or a major subcontractor in the
development of a system under the program; and
(4) establish such limited exceptions to the requirement in
paragraphs (2) and (3) as the Administrator considers necessary
to ensure that the Administration has continued access to advice
on systems architecture and systems engineering matters from
highly qualified contractors with domain experience and
expertise, while ensuring that such advice comes from sources
that are objective and unbiased.
SEC. 831. <<NOTE: Historic preservation.>> PROTECTION OF APOLLO
LANDING SITES.
(a) <<NOTE: Consultation.>> Assessment.--The Director of the Office
of Science and Technology Policy, in consultation with relevant Federal
agencies and stakeholders, shall assess the issues relating to
protecting and preserving historically important Apollo Program lunar
landing sites and Apollo program artifacts residing on the lunar
surface, including those pertaining to Apollo 11 and Apollo 17.
(b) <<NOTE: Determinations.>> Contents.--In conducting the
assessment, the Director shall include--
(1) a determination of what risks to the protection and
preservation of those sites and artifacts exist or may exist in
the future;
(2) a determination of what measures are required to ensure
such protection and preservation;
(3) a determination of the extent to which additional
domestic legislation or international treaties or agreements
will be required; and
(4) <<NOTE: Recommenda- tions.>> specific recommendations
for protecting and preserving those lunar landing sites and
artifacts.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Director shall submit to the appropriate committees of
Congress the results of the assessment.
SEC. 832. NASA LEASE OF NON-EXCESS PROPERTY.
Section 20145(g) of title 51, United States Code, is amended by
striking ``10 years after December 26, 2007'' and inserting ``December
31, 2018''.
SEC. 833. TERMINATION LIABILITY.
It is the sense of Congress that--
(1) the ISS, the Space Launch System, and the Orion will
enable the Nation to continue operations in low-Earth orbit and
to send its astronauts to deep space;
(2) the James Webb Space Telescope will revolutionize our
understanding of star and planet formation and how galaxies
evolved, and will advance the search for the origins of our
universe;
(3) as a result of their unique capabilities and their
critical contribution to the future of space exploration, these
systems
[[Page 131 STAT. 68]]
have been designated by Congress and the Administration as
priority investments;
(4) contractors are currently holding program funding,
estimated to be in the hundreds of millions of dollars, to cover
the potential termination liability should the Government choose
to terminate a program for convenience;
(5) as a result, hundreds of millions of taxpayer dollars
are unavailable for meaningful work on these programs;
(6) according to the Government Accountability Office, the
Administration procures most of its goods and services through
contracts, and it terminates very few of them;
(7) in fiscal year 2010, the Administration terminated 28 of
16,343 active contracts and orders, a termination rate of about
0.17 percent; and
(8) the Administration should vigorously pursue a policy on
termination liability that maximizes the utilization of its
appropriated funds to make maximum progress in meeting
established technical goals and schedule milestones on these
high-priority programs.
SEC. 834. <<NOTE: Reports.>> INDEPENDENT REVIEWS.
Not later than 270 days after the date of enactment of this Act, the
Administrator shall submit to the appropriate committees of Congress a
report describing--
(1) the Administration's procedures for conducting
independent reviews of projects and programs at lifecycle
milestones;
(2) how the Administration ensures the independence of the
individuals who conduct those reviews prior to their assignment;
(3) the internal and external entities independent of
project and program management that conduct reviews of projects
and programs at life cycle milestones; and
(4) how the Administration ensures the independence of such
entities and their members.
SEC. 835. NASA ADVISORY COUNCIL.
(a) <<NOTE: Recommenda- tions.>> Assessment.--The Administrator
shall enter into an arrangement with the National Academy of Public
Administration to assess the effectiveness of the NASA Advisory Council
and to make recommendations to Congress for any change to--
(1) the functions of the Council;
(2) the appointment of members to the Council;
(3) the qualifications for members of the Council;
(4) the duration of terms of office for members of the
Council;
(5) the frequency of meetings of the Council;
(6) the structure of leadership and Committees of the
Council; and
(7) the levels of professional staffing for the Council.
(b) Considerations.--In carrying out the assessment under subsection
(a), the National Academy of Public Administration shall--
(1) consider the impacts of broadening the Council's role to
include providing consultation and advice to Congress under
section 20113(g) of title 51, United States Code;
(2) consider the past activities of the Council and the
activities of other analogous Federal advisory bodies; and
[[Page 131 STAT. 69]]
(3) any other issues that the National Academy of Public
Administration determines could potentially impact the
effectiveness of the Council.
(c) <<NOTE: Recommenda- tions.>> Report.--The National Academy of
Public Administration shall submit to the appropriate committees of
Congress the results of the assessment, including any recommendations.
(d) Consultation and Advice.--
(1) In general.--Section 20113(g) of title 51, United States
Code, is amended by inserting ``and Congress'' after ``advice to
the Administration''.
(2) <<NOTE: Effective date. 51 USC 30307 note.>> Sunset.--
Effective September 30, 2017, section 20113(g) of title 51,
United States Code, is amended by striking ``and Congress''.
SEC. 836. <<NOTE: 51 USC 30307 note.>> COST ESTIMATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) realistic cost estimating is critically important to the
ultimate success of major space development projects; and
(2) the Administration has devoted significant efforts over
the past 5 years to improving its cost estimating capabilities,
but it is important that the Administration continue its efforts
to develop and implement guidance in establishing realistic cost
estimates.
(b) Guidance and Criteria.--The Administrator shall provide to its
acquisition programs and projects, in a manner consistent with the
Administration's Space Flight Program and Project Management
Requirements--
(1) guidance on when to use an Independent Cost Estimate and
Independent Cost Assessment; and
(2) criteria to use to make a determination under paragraph
(1).
SEC. 837. <<NOTE: 51 USC 31502 note.>> FACILITIES AND
INFRASTRUCTURE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Administration must address, mitigate, and reverse,
where possible, the deterioration of its facilities and
infrastructure, as their condition is hampering the
effectiveness and efficiency of research performed by both the
Administration and industry participants making use of
Administration facilities, thus harming the competitiveness of
the United States aerospace industry;
(2) the Administration has a role in providing laboratory
capabilities to industry participants that are not economically
viable as commercial entities and thus are not available
elsewhere;
(3) to ensure continued access to reliable and efficient
world-class facilities by researchers, the Administration should
establish strategic partnerships with other Federal agencies,
State agencies, FAA-licensed spaceports, institutions of higher
education, and industry, as appropriate; and
(4) decisions on whether to dispose of, maintain, or
modernize existing facilities must be made in the context of
meeting Administration and other needs, including those required
to meet the activities supporting the human exploration roadmap
under section 432 of this Act, considering other national
laboratory needs as the Administrator deems appropriate.
[[Page 131 STAT. 70]]
(b) Policy.--It is the policy of the United States that the
Administration maintain reliable and efficient facilities and
infrastructure and that decisions on whether to dispose of, maintain, or
modernize existing facilities or infrastructure be made in the context
of meeting future Administration needs.
(c) Plan.--
(1) In general.--The Administrator shall develop a
facilities and infrastructure plan.
(2) Goal.--The goal of the plan is to position the
Administration to have the facilities and infrastructure,
including laboratories, tools, and approaches, necessary to meet
future Administration and other Federal agencies' laboratory
needs.
(3) Contents.--The plan shall identify--
(A) current Administration and other Federal agency
laboratory needs;
(B) future Administration research and development
and testing needs;
(C) <<NOTE: Strategy.>> a strategy for identifying
facilities and infrastructure that are candidates for
disposal, that is consistent with the national strategic
direction set forth in--
(i) the National Space Policy;
(ii) the National Aeronautics Research,
Development, Test, and Evaluation Infrastructure
Plan;
(iii) the National Aeronautics and Space
Administration Authorization Act of 2005 (Public
Law 109-155; 119 Stat. 2895), National Aeronautics
and Space Administration Authorization Act of 2008
(Public Law 110-422; 122 Stat. 4779), and National
Aeronautics and Space Administration Authorization
Act of 2010 (42 U.S.C. 18301 et seq.); and
(iv) the human exploration roadmap under
section 432 of this Act;
(D) <<NOTE: Strategy.>> a strategy for the
maintenance, repair, upgrading, and modernization of
Administration facilities and infrastructure, including
laboratories and equipment;
(E) <<NOTE: Criteria.>> criteria for--
(i) prioritizing deferred maintenance tasks;
(ii) maintaining, repairing, upgrading, or
modernizing Administration facilities and
infrastructure; and
(iii) implementing processes, plans, and
policies for guiding the Administration's Centers
on whether to maintain, repair, upgrade, or
modernize a facility or infrastructure and for
determining the type of instrument to be used;
(F) <<NOTE: Assessment.>> an assessment of
modifications needed to maximize usage of facilities
that offer unique and highly specialized benefits to the
aerospace industry and the American public; and
(G) <<NOTE: Timeline. Estimate.>> implementation
steps, including a timeline, milestones, and an estimate
of resources required for carrying out the plan.
(d) Requirement To Establish Policy.--
(1) <<NOTE: Deadline. Public information.>> In general.--
Not later than 180 days after the date of enactment of this Act,
the Administrator shall establish and make publicly available a
policy that guides the Administration's use of existing
authorities to out-grant, lease, excess to the General Services
Administration, sell, decommission,
[[Page 131 STAT. 71]]
demolish, or otherwise transfer property, facilities, or
infrastructure.
(2) Criteria.--The policy shall include criteria for the use
of authorities, best practices, standardized procedures, and
guidelines for how to appropriately manage property, facilities,
and infrastructure.
(e) <<NOTE: Deadline.>> Submission to Congress.--Not later than 1
year after the date of enactment of this Act, the Administrator shall
submit to the appropriate committees of Congress the plan developed
under subsection (c).
SEC. 838. HUMAN SPACE FLIGHT ACCIDENT INVESTIGATIONS.
Section 70702 of title 51, United States Code, is amended--
(1) by amending subsection (a)(3) to read as follows:
``(3) any other orbital or suborbital space vehicle carrying
humans that is--
``(A) owned by the Federal Government; or
``(B) being used pursuant to a contract or Space Act
Agreement with the Federal Government for carrying a
government astronaut or a researcher funded by the
Federal Government; or''; and
(2) by adding at the end the following:
``(c) Definitions.--In this section:
``(1) Government astronaut.--The term `government astronaut'
has the meaning given the term in section 50902.
``(2) Space act agreement.--The term `Space Act Agreement'
means an agreement entered into by the Administration pursuant
to its other transactions authority under section 20113(e).''.
SEC. 839. ORBITAL DEBRIS.
(a) Findings.--Congress finds that--
(1) orbital debris poses serious risks to the operational
space capabilities of the United States;
(2) an international commitment and integrated strategic
plan are needed to mitigate the growth of orbital debris
wherever possible; and
(3) the delay in the Office of Science and Technology
Policy's submission of a report on the status of international
coordination and development of orbital debris mitigation
strategies is inconsistent with such risks.
(b) Reports.--
(1) Coordination.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the status of
efforts to coordinate with foreign countries within the Inter-
Agency Space Debris Coordination Committee to mitigate the
effects and growth of orbital debris under section 1202(b)(1) of
the National Aeronautics and Space Administration Authorization
Act of 2010 (42 U.S.C. 18441(b)(1)).
(2) Mitigation strategy.--Not later than 90 days after the
date of enactment of this Act, the Director of the Office of
Science and Technology Policy shall submit to the appropriate
committees of Congress a report on the status of the orbital
debris mitigation strategy required under section 1202(b)(2) of
the National Aeronautics and Space Administration Authorization
Act of 2010 (42 U.S.C. 18441(b)(2)).
[[Page 131 STAT. 72]]
SEC. 840. REVIEW OF ORBITAL DEBRIS REMOVAL CONCEPTS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) orbital debris in low-Earth orbit poses significant
risks to spacecraft;
(2) such orbital debris may increase due to collisions
between existing debris objects; and
(3) understanding options to address and remove orbital
debris is important for ensuring safe and effective spacecraft
operations in low-Earth orbit.
(b) Review.--
(1) <<NOTE: Deadline.>> In general.--Not later than 270
days after the date of enactment of this Act, the
Administrator--
(A) in collaboration with the heads of other
relevant Federal agencies, shall solicit and review
concepts and options for removing orbital debris from
low-Earth orbit; and
(B) <<NOTE: Reports. Recommenda- tions.>> shall
submit to the appropriate committees of Congress a
report on the solicitation and review under subparagraph
(A), including recommendations on the best options for
decreasing the risks associated with orbital debris.
(2) Requirements.--The solicitation and review under
paragraph (1) shall address the requirements for and feasibility
of developing and implementing each of the options.
SEC. 841. <<NOTE: 51 USC 20113 note.>> SPACE ACT AGREEMENTS.
(a) Sense of Congress.--It is the sense of Congress that, when used
appropriately, Space Act Agreements can provide significant value in
furtherance of NASA's mission.
(b) Funded Space Act Agreements.--To the extent appropriate, the
Administrator shall seek to maximize the value of contributions provided
by other parties under a funded Space Act Agreement in order to advance
NASA's mission.
(c) Non-exclusivity.--
(1) In general.--The Administrator shall, to the greatest
extent practicable, issue each Space Act Agreement--
(A) except as provided in paragraph (2), on a
nonexclusive basis;
(B) in a manner that ensures all non-government
parties have equal access to NASA resources; and
(C) exercising reasonable care not to reveal unique
or proprietary information.
(2) <<NOTE: Determination.>> Exclusivity.--If the
Administrator determines an exclusive arrangement is necessary,
the Administrator shall, to the greatest extent practicable,
issue the Space Act Agreement--
(A) utilizing a competitive selection process when
exclusive arrangements are necessary; and
(B) pursuant to public announcements when exclusive
arrangements are necessary.
(d) <<NOTE: Public information. Web posting. Estimate. Deadline.>>
Transparency.--The Administrator shall publicly disclose on the
Administration's website and make available in a searchable format each
Space Act Agreement, including an estimate of committed NASA resources
and the expected benefits to agency objectives for each agreement, with
appropriate redactions for proprietary, sensitive, or classified
information, not later than 60 days after such agreement is signed by
the parties.
(e) Annual Reports.--
[[Page 131 STAT. 73]]
(1) Requirement.--Not later than 90 days after the end of
each fiscal year, the Administrator shall submit to the
appropriate committees of Congress a report on the use of Space
Act Agreement authority by the Administration during the
previous fiscal year.
(2) Contents.--The report shall include for each Space Act
Agreement in effect at the time of the report--
(A) an indication of whether the agreement is a
reimbursable, non-reimbursable, or funded Space Act
Agreement;
(B) a description of--
(i) the subject and terms;
(ii) the parties;
(iii) the responsible--
(I) Mission Directorate;
(II) Center; or
(III) headquarters element;
(iv) the value;
(v) the extent of the cost sharing among
Federal Government and non-Federal sources;
(vi) the time period or schedule; and
(vii) all milestones; and
(C) an indication of whether the agreement was
renewed during the previous fiscal year.
(3) <<NOTE: Lists.>> Anticipated agreements.--The report
shall include a list of all anticipated reimbursable, non-
reimbursable, and funded Space Act Agreements for the upcoming
fiscal year.
(4) Cumulative program benefits.--The report shall include,
with respect to each Space Act Agreement covered by the report,
a summary of--
(A) the technology areas in which research projects
were conducted under that agreement;
(B) the extent to which the use of that agreement--
(i) has contributed to a broadening of the
technology and industrial base available for
meeting Administration needs; and
(ii) has fostered within the technology and
industrial base new relationships and practices
that support the United States; and
[[Page 131 STAT. 74]]
(C) the total amount of value received by the
Federal Government during the fiscal year under that
agreement.
Approved March 21, 2017.
LEGISLATIVE HISTORY--S. 442:
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CONGRESSIONAL RECORD, Vol. 163 (2017):
Feb. 17, considered and passed Senate.
Mar. 7, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2017):
Mar. 21, Presidential remarks.
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